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April 2010
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Reputation Management: Attorneys and PR Working Together
A quarterly newsletter of helpful tips and information from
Don Martin Public Affairs, Austin TX
Issues Management, Communications Strategy, Media Relations, Public Relations,
Crisis Management, Government Affairs, Litigation Support
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Company Information
Don Martin |
901 Rio Grande
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Austin, TX 78701
Ph 512-328-2900
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 [Editor's Note] One of the most common issues in a crisis is whether to follow the attorney's or PR counsel's advice. The truth is, a combination of the two is ideal.
Unfortunately, most miss the boat because they are trapped in a web of confusion during this critical stage. What is particularly tough for those of us involved in reputation management is that often this phase is complicated because of conflicting advice between the PR advisor and legal counsel.
Why the conflict? After all, aren't we both on the same side? Absolutely. But we come from a different place.
Attorneys can often see the public issues surrounding a case as interfering with their duties to protect the clients' technical legal interests. So, they may purposefully ignore phone calls from the media on the premise that the outcome of the case will speak for itself. (Of course that could take years). PR professionals are concerned that no response could severely compromise the company's reputation, or threaten its continued existence.
Think of it this way: attorneys are fire fighters who save a burning house. PR experts make sure the house can be re-built and habitable when the fire's over.
So things look different to us as we view a client's crisis. From where PR professionals sit as reputation managers, we know that the public judges the fiber of a company by the way they see it behaving under fire.
Reputations can be made or broken by a company's public response to a crisis. When a reporter's call is ignored, he or she will turn to someone else for comment. That person (friend or foe; right or wrong) is the one who gets to shape the company's reputation.
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Clients trust their attorneys, as well they should. Attorneys provide counsel to keep them functioning under a variety of conditions. Clients tend to turn to their attorneys for all kinds of advice, sometimes including how to deal with the press during a crisis. Unfortunately an attorney's most common tendency is to say "no comment." And that's exactly the wrong answer.
Fortunately, we have worked with a number of attorneys who "get it" when it comes to reputation management in a crisis. They understand the need to manage the public face of a legal situation. And they know that helping the client win both legally and in the "court of public opinion" requires different skills. These attorneys work hand in hand with PR to satisfy the company's goals:
There are essentially two kinds of crises:
One-Time Events -- These are emergencies that suddenly disrupt operations and attract unwanted attention. For example, a death on a construction site.
Slow-Growing Situations -- These are chronic, but less immediate problems that can bloom into full-blown crises if ignored. They pose the most danger to an organization's reputation. Why? Because when they do blossom into a major crises, they are compounded by accusations that the organization "should have known" what was going on and dealt with it quickly before it reached the crisis stage. Most crises fall into this category.
The Toyota gas pedal incident is a good example. The problem grew for months without Toyota taking control of the situation. Months passed before Toyota's President spoke out in public. By then the damage was done, at a tremendous cost to the Toyota in money, and more importantly its brand's reputation...from which it may never recover.
Protecting a company's reputation:
Whatever kind of crisis, far-thinking attorneys will make sure clients understand the value of the company's reputation and the need to spot a crisis in its earliest stages. They should prepare a reaction before it becomes necessary, and respond in a timely manner if it becomes public. PR professionals can help them by conducting a confidential "crisis audit" of the company to look for potential vulnerabilities.
When a crisis breaks, the gut reaction of most companies, unfortunately, is to circle the wagons and deny wrongdoing. Our experience is that companies must not wait for a brush fire to turn into a firestorm before dealing with the PR implications.
We recommend these strategies:
Admit it and move on: No one likes to give bad news, but when a mistake is made, companies must admit the problem quickly and move on. The faster a company gets the whole and complete truth out (with no hedging), the faster the issue will go away.
Understand the shortened news cycle: We once had a 24-hour news cycle to formulate a response. No longer. Figure today on a 30-minute to one-hour news cycle. During that time, you can either do your best to control the story, or you can leave it to the bloggers and social media to shape it, too often erroneously. You can either lead the parade or find yourself running to keep up.
Take control of the story: Naturally this policy must be followed with the advice of legal counsel. But we strongly suggest putting out factual information (perhaps as a Fact Sheet or FAQ) on your website, in handouts, news releases and/or in one-on-one interviews with reporters. The faster you control of the story, the faster it will disappear from the public's mind.
Be empathetic: Sometimes companies get so involved in what happened and how they are going to fix the problem that they forget about those who have also been affected. Fixing a problem isn't always enough to correct harm that was done. It's also very important to show empathy for those hurt, or to apologize personally. This is especially true of employees, or the Board of Directors. Keep them informed regularly.
Be pro-active before a crisis: All companies should be running an ongoing, proactive media and PR campaign throughout the year to create company friends and allies, and to drive stakeholders to your websites and build long-term relationships with them. It's smart to have a blank hidden page already prepared on your website to announce information in the event of a crisis. Remember, your web site is the only place where you can quickly speak to everyone on your own terms. Think of it as your own printing press.
Build credibility: Routinely connecting your company to stakeholders and being honest with them builds the kind of credibility that is critical in a crisis. Reporters may seek out comments from them when a company is under fire. If you've built credibility, a positive opinion of the company is already cemented in the public's mind and they take adverse news with a grain of salt.
No news conferences: If at all possible, avoid holding a news conference in a crisis situation. You run the danger of being barraged by multiple reporters clamoring for more provocative sound bites....while you stand there on TV. Instead, we recommend that you release a statement to the media, post it on your web site, e-mail it to a list of interested parties, employees and business allies, and hold individually scheduled interview sessions with reporters. It is much harder to beat up on a CEO in a one-on-one interview than in a news conference.
Never use "no comment": The phrase "no comment" can be interchanged with the phrase "I'm guilty." Saying "no comment" has the same impact as pleading the Fifth Amendment. It says "I know I did something wrong, but I'm not going to say what it is." Not being available to a reporter (as in not taking the phone call) can send the same message. There are many more effective ways to convey the idea that you have nothing substantive to communicate at the moment, and then tell the reporter when you can get back to them with more information.
No "Off the Record" ever: In PR, there is no such thing as speaking "off the record" or "on background." In the legal world, things can legally be off the record (but not with reporters). In the journalistic world, it's a myth. Yes, there may be times when a reporter honors such a request, but you can't ever be sure. If you chance it, you are relying on the integrity of someone you may not know. This is especially tempting for companies that have worked with a reporter in the past and have been pleased with their reporting. Spokespersons may then let down their guard or say something they shouldn't. If you don't want to see something you say in print, on TV, or on the Internet, don't say it.
Turn Crisis to Opportunity: A crisis situation presents a company with two choices: the opportunity to look really bad, or really good. When PR professionals and attorneys work together, they can help clients turn a crisis into an opportunity to prove that the company is really on the ball and ready to face the next day.
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Summary:
Don Martin Public Affairs works with many trusted attorneys. In fact, we get most of our crisis communications work and many of our regular clients through attorneys. I know we will never entirely link hands and walk happily together into the sunset. We are paid to see the world differently and that's our value. In fact, the give-and-take between us is a win-win for clients.
Our working together gives our clients the best of both professions. As a result, clients make it through the tough times and get back to business-as-usual as quickly as possible.
------------------------------------------------------------------------------------- Portions of this article excerpted with permission from Crisis Management Newsletter © by Jonathan Bernstein. Bernstein Crisis Management. 180 S. Mountain Trail / Sierra Madre / CA 91024 Phone (626) 355-7278 www.bersteincrisismanagement.com ------------------------------------------------------------------------------------- Return to top
Phone (512) 328-2900 | dmartin@donmartin.com |
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