Television series like "Boston Legal" and "Law & Order" have a way of making courtroom drama seem sexy when, in reality, it's just drama. The same is true for PR
professionals who face litigation situations and who have to communicate with their employees and the public accordingly. A recent survey conducted by PR News and
Medialink shows that, when it comes to litigation communication and crises, one startling trend remains consistent: Too large a percentage of senior PR execs are
unprepared.
"[PR pros] think they can respond during just the verdict stage of litigation," says Jeffrey Sindone, VP/senior counselor at Medialink. "They don't realize the media cycle has
already started without them."
While many respondents (80%), polled from agencies, corporations and non-profits, claimed to have a media plan ready to be deployed at the earliest stages of pre-trial
activity, a staggering 20% had a plan for the verdict stage only or, worse, no plan at all.
The trend of willy-nilly preparation during courtroom situations extends to media training for executives: 42% of respondents offered only indirect references to crisis
situations or reputation management, while 10% provided none at all. PR managers, then, operate under the "better late than never" assumption, but that never is enough.
While print still is the primary media vehicle used by PR managers, there is an increasingly diverse mix of broadcast and new media as well. Using these alternatives to print
enhances the ability to convey messages quickly and effectively throughout all stages of litigation.
Finally, it's essential to remember that, though the verdict always is uncertain, legal proceedings follow a predictable formula of a beginning, a middle and an end. It's both
a blessing and a curse, though, when PR pros find themselves incommunicado.
"Communication professionals need to take advantage of the predictability," Sindone says. "There's no excuse not to have a plan."
Contact: Jeffrey Sindone, 212.812.7152, [email protected]
Litigation Communications Survey Results
1. How would you describe your own level of experience in handling PR related to a legal crisis?
- Direct experience (handled one or more of the following duties: developed media strategy, functioned as corporate spokesman, worked directly with legal team): 80%
- Indirect experience (in managing other PR activity for same organization, was briefed on potential impact of legal crisis): 12%
- No experience: 8%
- Print: 52%
- Broadcast (radio and television) : 27%
- Internet: 12%
- Other - (Sample) : 9%
- >Blogs, bulletin boards
- >Direct communication with stakeholders, employees
- >Letter-writing campaigns, lobbying
- >Wire services feed all of the above so we focus on them
2. At which stage of litigation do you have a media plan ready to be deployed?
- The earliest stages of pre-trial activity: 80%
- At the verdict and judgment phase only: 7%
- No media plan at all: 13%
3. What part of your media training for executives offers specific instructions regarding litigation communications?
- Specific and detailed instructions regarding comments about plaintiff, jury and defendant: 48%
- Some indirect references to crisis situations or reputation management: 42%
- None: 10%
4. At which stage of litigation do you have a media plan ready to be deployed?
- The earliest stages of pre-trial activity: 80%
- At the verdict and judgment phase only: 7%
- No media plan at all: 13%
5. What part of your media training for executives offers specific instructions regarding litigation communications?
- Specific and detailed instructions regarding comments about plaintiff, jury and defendant: 48%
- Some indirect references to crisis situations or reputation management: 42%
- None: 10%
6. In media-training your executives, how much emphasis is placed on training for television and radio interviews versus print?
- Equal (separate training for print vs. broadcast; instructions for broadcast interviews involve message delivery, body language and, if TV, wardrobe selection; training
includes on-camera and in-studio rehearsals) : 45% - Major (broadcast training is adapted for print; instructions for broadcast interviews involve message delivery, body language and, if TV, wardrobe selection; frequent on-camera
and in-studio rehearsals) : 29% - Minor (training for print interviews is adapted for broadcast; no technical preparation involved for in-studio or satellite interviews) : 15%
- None: 11%
7. What methods of communication do you rely on to keep employees updated during litigation?
- Briefing down through appropriate supervisory levels, with required presentations by supervisors to employees and handout materials. If there is a secure company intranet,
establish an information page. - Broadcast e-mails and newsletter materials
- It's disappointing, but sometimes the PR team is not any better informed on a potential legal crisis than the rest of the staff.