"First, kill all the lawyers," wrote William Shakespeare. For PR
professionals working in or for the corporate world, the first
essential step is to forget Shakespeare.
Understand what lawyers must be and do in order to fulfill their
professional obligations, and make the effort to forge powerful
connections with them. Recognize that lawyers are taught to avoid
risk; their goal is entirely different from yours. But both your
perspectives are needed, especially during a crisis.
General counsel have many other priorities that are just as
important as preserving the company's public image. Your job is to
forge a relationship with them that will allow for open and honest
dialogue. Enron may have pushed reputational risk a little higher
on their priorities list, but you need to reinforce that shift in
priorities.
Mutual Learning
Honor the fact that they have a lot to teach you as well. For
example, are you aware of the possible consequences of any public
comment on a single court victory in mass tort litigation? That
anything you say can be introduced as evidence later, in a related
court case against your company? That your comments might enrage
the jury in that related case?
Legal must explain the law to you in easily understandable
terms.
What is at stake? What is the cause of action? What is the
exposure?
As you learn, teach. Start by talking about the perils of "no
comment."
Lawyers are smart. You can sway their opinion if you back up
your case with ample evidence to help them understand the benefits
of public commentary.
One survey presented at a NorthStar Litigation Public Relations
conference in January 2003 reported that nearly three times as many
people presumed a company innocent when the company responded to
allegations, as opposed to no comment.
Studies also prove that when companies go on the offensive
against plaintiffs' lawyers for spurious cases, the presumption of
innocence doubled again.
Such research underscores three lessons for both the legal and
PR advisors:
- Since no-comment reinforces the presumption of guilt, you need
to be certain that the loss in public confidence, and potential
loss in market share, is not as great as the legal exposure. - If you do respond in public to the plaintiffs' charges, be sure
to assert your key messages as part of your response. Turn every
communications opportunity into a gentle bully pulpit. Change the
defensive response into a proactive opportunity. - The general public distrust of lawyers can extend to
plaintiffs' lawyers, particularly when there are big judgments in
arguably frivolous cases. You can publicly hold plaintiffs
responsible for their actions if, for example, they knew or should
have known about the risks -- e.g., hot coffee, fattening food --
but took the risk anyway.
The Jungle Out There
As one GMAC lawyer said, "I see situations every day which could
become media feeding frenzies. How do we determine which ones we
should prepare for with our communications staff?"
Here is another area where the mutual learning process, and the
relationship building between legal and communications, can go
productively forward.
How can you help in-house counsel evaluate the media so that
they are more sensitive to what might become a problem with
reporters? How can you get them to include you in discussions about
potentially sensitive matters?
Lawyers revel in the written word. Getting published builds
credibility for you and your department. Your articles will get
them calling you as often as you call them.
Internal memoranda are fine, but remember how sensitive lawyers
are, and ought to be, to anything in writing.
No jokes in your memos. No casual, sloppy references. Their
worst fear about PR people is that they shoot from the hip. Do
nothing to encourage that perception. Don't create unnecessary
documents.
At the same time, write out the message points and Q&A
scenarios. Vet them with the lawyers.
Always incorporate their substantive suggestions, then wordsmith
until you've couched the full substance in a sound byte. Always
remind the lawyers that the media will ignore them if they speak in
legalese or fail to simplify their points to the least common, but
still acceptable, denominator. Less is more.
Getting to Know You
Communicate four key persuasive points about yourself to
in-house counsel:
1. I know the pulse of the media. I can tell you what has been
covered and by whom, either on our matter or those related or
affecting it.
2. I can read the tea leaves and tell you what is likely to
happen next. I will outline worst- and best-case scenarios.
3. I am connected to a multifaceted professional community in
ways that will serve our immediate interests. I can identify likely
sympathetic third parties to help us with positive comments,
including trade associations, university professors, and technical
experts.
4. I am calm. I have seen worse and I have gotten us through it.
If we stay focused and keep communications open, we will get
through this just fine.
Richard S. Levick, Esq. is president of Levick Strategic
Communications, which has handled the media for more than 150 law
firms worldwide and such high profile litigation as the Catholic
Church crisis, the national Florida election recount, Napster and
Enron. He can be reached at [email protected]. Larry Smith,
the firm's Director of Strategy, contributed to this article. They
are publishing their next book, Stop the Presses: The Litigation PR
Desk Reference, this summer. It will be available for free at
[email protected].