Tip Sheet: Communicating Or Testifying Before A Regulatory Body: Don’t Remain Defensive

Presenting or answering questions at the SEC or the FDA can be a daunting challenge, and PR professionals have an obligation to help prepare the spokespersons. Too often,

presenters will concentrate solely on defending and explaining a position. Unlike a media interview, testifying before a regulatory body often follows a pre-determined stance or

filing, so the subject matter is clear and often narrow. The presenter's main obligation is to answer and prove: "Are you compliant?" Or, "Is this drug safe?"

A good communications professional should ensure that the spokesperson presents his or her proof in no uncertain terms, but then moves beyond the defense of their position and

widens the scope of the message. Remind the preparing team that there are many ears on these proceedings beyond the government panel - there are the stakeholders, shareholders,

customers, analysts, employees and investors. Always consider how responses will affect a variety of perspectives.

Below are some tips on how to do more than just survive the presentation before a regulatory body:

Get to know the panel. Part of any preparation before the SEC or the FDA should include profiling the members of the deciding committee to whom your spokesperson will be

presenting. Who are they? What do they care most about? What are their biases? Review prior rulings. Based on your findings, what should your spokesperson emphasize? What questions

can you anticipate?

Listen. So often, presenters simply await their cue and head straight to rattling off their points backed with empirical evidence to shore up the defense of their position. During

opening remarks, have your spokesperson put down their notes and listen. They might pick up something they can use to win over the panel. More importantly, they should listen intently

to questions and take a pause before answering. Jumping right into an answer can sound like shaky confidence and makes it harder for the spokesperson to present a thoughtful and well

crafted response.

Bring a "crib" sheet. If your spokesperson is asked to deliver a short, formal presentation before answering questions, then he or she should certainly have notes handy, and

perhaps a few PowerPoint slides with impactful images to underscore points. But when it comes to the Q&A part, spokespeople can often concentrate too much on just trying to

satisfy the question. Make sure your spokesperson has an index card with prompters to salient message points. These will serve as critical reminders of what to "bridge" back to during

and throughout the Q&A.

Don't quibble. Many presenters believe that debate and argument is unavoidable in these situations. It isn't. Advise your spokesperson to remain patient and take a breath after

hearing something that may upset them and respond politely and evenly. Often government panelists will try to goad the presenter into debate, and that almost always has a negative

impact on the testimony.

Beware of hypotheticals. Questions will often require the presenter to predict the future, and this is unfair. Rehearse with your spokesperson to recognize these traps and avoid

them. It is perfectly reasonable for the presenter to say that he or she cannot predict what will happen in a year or five years, but can restate the proof or deliver on a message

that is found in the evidence.

Be prepared for those other listeners, including the media. Keep in mind that all of those other constituents mentioned above are going to review the deposition or the minutes of

this hearing, so prepare your spokesperson to answer questions on it. Most of these sessions are public record, so you have to prepare a set of media messages that coincide with the

testimony. What do the responses mean to the stakeholders? How will they affect the company's stock price, operations or pipeline? How does this impact the customer, shareholder or

patient? Always bring forth and make the team consider the wider perspectives.

Close strong and positive. The last thing your presenter says could be what the panelists remember most. Make sure he or she avoids just answering the last question and running

from the podium. Remind your spokesperson to remain poised and take a moment to summarize a key point. Encourage the spokesperson to inject some force and passion into the closing

remarks. Those remarks should address the wider audience and the greater concerns of the people affected by this hearing, this ruling, sanction or recommendation. Remind panelists of

how your solution represents what's best for stakeholders and the public at large.

Contact:

Jerry Doyle is the executive vice president of CommCore Consulting Group. He can be reached at jdoyle@commcore consulting.com.