In an increasingly litigious society, the relationship between lawyers and PR professionals has reached critical mass. Never before in the history of U.S. jurisprudence has
effective liaison between legal eagles and PR pros been more important than it is today. Public relations execs are not only crafting media messages and preparing spokespeople,
but even contributing to legal strategy.
"There is no longer a line at the courthouse door," says Karen Doyne, SVP and director of litigation communications with Ketchum. "What is heard inside the courtroom is heard
outside, and what is heard outside is going to be heard inside. Lawyers and communications professionals have no choice but to work together."
But how well they work together is another question entirely. Though many lawyers have become more appreciative of the powers of PR, friction still exists between attorneys who
prefer to protect information and communicators whose job is to disseminate it. Communications pros often must be aggressive with legal counsel and senior management in order to
ensure that PR has a legitimate place in the litigation strategy.
"We let [the attorneys] know we want to be equal partners in the strategies put together," says Jeff Tucker, president and CEO, Tucker/Hall, a Tampa, Fla.-based national
communications firm that often works with law firms on major corporate litigation. "We're emphatic and we tell them straightforwardly, we want to know the matter as fully as we
can. We don't want to make communications decisions based on half knowledge."
Public relations counsel--both internal and external--should be directly involved from the very inception of the case, in fact. The basic communications techniques PR pros
bring to the table are not only important for maintaining credibility with stakeholders, they often become a key part of the legal strategy.
When class action suits were launched against Florida builders following the devastation of Hurricane Andrew, for example, Tucker/Hall counselors recommended that the
communications plan focus on "putting the storm on trial. The storm was so strong that no building code anticipated it," Tucker says. Lawyers on the cases found scientists who
could create computer simulations of the strength of the storm, demonstrating that no building would hold up in sustained winds of that magnitude. The builders maintained and even
grew their credibility in court and with the public by pitting themselves against an unbeatable natural enemy.
Selecting Spokespeople
In the wake of the legal action Tucker/Hall advised the construction companies to work proactively to have building codes rewritten to take into account hurricane-force winds.
Having the companies speak out about the codes in the wake of the litigation was another credibility coup. Too often, the public hears only from attorneys and never from the
companies themselves.
"I do not think as a rule, there's a role for a lawyer to play as a spokesperson," says Mike Kempner, president and CEO of The MWW Group. "In litigation, a company should not
be hiding behind a lawyer. Too often, lawyers think they're PR people."
The question of selecting a spokesperson is another area in which communications counsel should be forceful in asserting their position with the legal team. Lawyers should only
serve as spokespeople as a last resort and should be media trained just like any other spokesman would be with key message points to convey to the press.
(Contacts: Karen Doyne, [email protected];
Mike Kempner, [email protected]; Jeff Tucker,
[email protected])
Top Ten Tactics for Working With Attorneys
- Work with management and the legal team and impress upon them that
PR can be part of a comprehensive legal strategy. - Demonstrate that the "court of public opinion" may be more important
than the "court of law" when protecting long-term company reputation. - Consider the impact on employee relations, stockholders and community
relations. - Be included early in the legal proceedings and strategy development.
- Insist that you be given the complete case background. "Plausible
deniability" will damage credibility in the long run. - Remind the legal team that outside public relations counsel may be
covered under client privilege, if counsel is retained by the law firm. - Create a comprehensive news media strategy including messages, news
media and contingency plans. - Look for alternative ways to tell your clients' position such as a
Web site, teleconferences, multimedia, one-on-one meeting with community leaders,
etc. - Media training is crucial for all parties, especially in high profile
cases. Insist that a company representative be the spokesperson. - NEVER SAY "NO COMMENT." Nothing implies guilt more than a "no comment."
Source: David L. Shank, APR is president and CEO of Shank Public Relations
Counselors, Inc., Indianapolis. He has worked in concert with attorneys in numerous
cases ranging from bankruptcy to human-misery crises. Other tips are available
at http://www.shankpr.com. Contact Shank
at [email protected].