Public Relations
as Litigation Support
By
Evan N. Zeppos
Special to Wisconsin Law Journal
 |
|
"In
situations where companies are trying to protect their brands,
reputation and image, being damaged in the court of public
opinion often means they are losing the larger battle, regardless
of what happens in the courtroom."
Evan
N. Zeppos
Zeppos & Associates
|
In
high-profile cases or major litigation, lawyers and public relations
professionals have to work together. While some people think it's
like mixing oil and water, there are, in fact, some very constructive
ways that lawyers and PR professionals can work together to help
their clients achieve their ultimate goals in the legal arena.
The days of lawyers advocating "no comment" and ignoring
the media are long gone, because smart lawyers today know that
while this strategy might appear acceptable on the surface, it
works against their client in the court of public opinion.
In
situations where companies are trying to protect their brands,
reputation and image, being damaged in the court of public opinion
often means they are losing the larger battle, regardless of what
happens in the courtroom. That is why it is so important that
lawyers and PR people collaborate to achieve their clients' goals.
Here
are some suggestions and tips on how lawyers and PR practitioners
can work together:
Plan
Ahead. Motions, filings and hearings all have the potential
to create news and media interest and because of this, it is important
to plan ahead and be prepared for anything. A small situation
can quickly escalate into a national news story, and if you are
not prepared the media attention could have devastating consequences.
Designate
a Spokesperson. Lawyers are experts at understanding the law;
however, they may not be the best spokespeople when it comes time
to talk to the media.
Here
is where PR counsel becomes critical. It is crucial to identify
and train appropriate spokespeople prior to receiving an inquiry
from the media.
The
spokespeople should be selected based on their knowledge and proximity
to the topic, speaking ability and availability. Different people
might serve as the spokespeople depending on the situation. For
example, the CEO of a company might serve as the spokesperson
for one legal issue and the vice-president of finance might be
the appropriate person for another case.
Develop
Key Messages. Lawyers and public relations professionals at
times disagree on which information should be released to the
media, because it could later be admissible in the courtroom.
On the other hand, if a company does not release any information
to the media, the organization might be severely damaged in the
court of public opinion.
In
this instance, it is important for the PR counsel and the lawyers
to determine the best strategy that will not hinder the trial
or its outcome, while at the same time provide appropriate information
to the public. Developing key messages that can be used by the
designated spokespeople will help to answer any media calls in
a timely manner.
Know
How the Media Works. It is important to have a general understanding
of how the media works, their deadlines and what makes news.
The
media are constantly competing among themselves to break a story
first. In the past, television news could more easily accommodate
breaking news. Today, with the advent of the Internet, newspapers
are able to break stories on their Web sites, which allows them
to compete alongside with television.
Because
of the instantaneousness of the news, it is important to know
what makes news. Defining what is "newsworthy" is often
based upon the situation and its timeliness, how it affects people,
how many people it impacts, how close it is to the media's audience,
how much money is involved, the oddity of the story or event and
its level of controversy. For television, visual elements are
also important because of the added appeal and interest that accompanies
these shots.
Once
an organization understands why its case will be of interest to
the media, it can better prepare to respond to media requests.
Control
the Story. It is advisable to tell clients to "Tell it
first, tell it fast and tell it all," because being proactive
is much better for the organization than being reactive.
When
an organization is faced with a crisis situation such as being
the defendant in a major lawsuit, it is best to step forward and
provide the media with a strong message, without risking the outcome
of the case. An organization that is camera shy and uses "no
comment" will only be doing itself a disservice by avoiding
the media.
The
media is going to run the story regardless of whether an organization
makes a statement or talks to the reporter.
It
is much better for the company to stand up and answer the questions
than for the article to say that the organization did not return
phone calls. "No comment" typically makes an organization
look guilty, which in turn causes the public to be less trusting
of the company. Conversely, a company that talks to the media
early will have a greater opportunity to help shape the tone of
the coverage.
Always
Tell the Truth. In a crisis situation, such as a legal case
that is currently being tried in the courts, the lawyers might
not want their clients to speak to the media or issue a statement
about the case. This could be for any number of reasons, including
the fact that information changes quickly and the lawyers might
be concerned that releasing too much information could affect
the outcome of the case. However, a public relations advisor would
want a spokesperson to be available and provide some relevant
information.
Despite
the conflicting opinions as to the amount of information that
should be shared, both sides agree that the No. 1 rule of thumb
is to tell the truth. If an organization misleads or fudges information,
the company loses a great deal of credibility in the eyes of the
public, which can have tremendous negative consequences for many
years.
These
are just some suggestions as to how public relations can play
an important role and provide litigation support to lawyers. In
today's day and age of high-profile cases and the immediacy of
the media, it is even more important than in the past that public
relations and legal counsel work together to help put the client
first. An organization that looks favorable in both the courtroom
and the court of public opinion has a much better chance of rebounding
from a legal entanglement than a company that chooses to ignore
the media.
