
WHEN THE MEDIA CALLS YOUR
LAW FIRM FOR BAD NEWS
Thinking About The Unthinkable
By Richard S. Levick, Esq.
For certain
people after fifty, litigation takes the place of sex.
-Gore Vidal
What do you do when a partner has been
arrested?
When a
partner comes to your office after receiving a message that a national film crew
will be in your office in two days to begin interviewing your client? His
market-leading product allegedly blows up and decapitates people!
When, while
all your competitors are expanding in London, your law firm is the only one to
close its office there?
When key
partners leave?
When an
unreliable newspaper features allegations against a partner for alleged sexual
harassment?
When the
dot.com horse you have been riding in your multimillion dollar marketing
campaign crashes, leaving you holding the buggy whip?
For Womble
Carlyle, Sonnenschein, Mitchell Silberberg, and Brobeck, along with countless
other great firms, these imaginary crises have been all too real. In some
cases, they resolutely handled their disasters in such a way as to not only stem
the tide of negative press, but bring about new growth and opportunity as well.
- Confront Bad News. Imagine a partner coming to
your office for advice after receiving the following voicemail: We understand
your clients tire inflator product occasionally blows up and decapitates its
user. Where should the film crew meet you in two days? The situation was
further complicated by the fact that the market-leading manufacturer was about
to be purchased by a Fortune 500 company. The press, with its unfounded
allegations, would kill the deal.
When a litigation partner from Womble Carlyle received just such a
message, he chose to tackle the problem head-on. Even before he called the
client, he first contacted his media consultant and they devised the initial
strategy. Then the lawyer called the client, which meant the lawyer was able
to present the client with both the problem and the solution.
Next, the litigation public relations specialist immediately contacted the
television producer and offered to cooperate (rather than ignore the
problem). The offer to cooperate enticed the producer to agree to provide the
interview questions in advance, a fairly rare but not unheard-of occurrence.
With the questions in hand, the litigator and client were able to rebut each
question with facts. Because they were responding in a calm, cooperative
atmosphere, it became apparent that, while a tire inflator product was known
to blow up with incorrect use, no such incident was known to have ever
included the clients product. In fact, it emerged that the tragic incidences
were much more likely tied to a competitive product. The willingness to deal
directly with the producer created trust. And from that trust grew the
cooperation that ultimately killed the story.
All too often, because lawyers do not have relationships with litigation
public relations experts, they lose precious time after a crisis first
occurs. The most important developments in terms of media coverage occur
within hours and sometimes minutes after the initial call. If you are hunting
down your litigation public relations team at this point, you have already
forfeited options.
- The Truth Shall Set You
Free. After a partner was convicted a few years ago for fraud and
money laundering, the managing partner of a large law firm became its
spokesperson. In so doing, he took the opposite tack from most law firms,
which prefer to hide and hope the story will go away. Next, he took full
responsibility, thus sending a signal to his internal audience that the firm
would survive the problem, and, to the external audience, that leadership was
engaged. Finally, he sent a clear and credible message which said, If this
can happen here, where we are terrifically vigilant, it can happen anywhere.
This is all about the problems that arise when organizations are, perforce,
growing by leaps and bounds. We all need to be even more vigilant.
The message had one huge advantage: it was true. The managing partner won so
much respect from the media that, after the initial bad news day, legal
publications ran stories flattering to the firm for its honesty and
thoughtfulness.
- Create a Different
Story. When Sonnenschein Nath & Rosenthal elected to close their London
office in the midst of broad UK expansion by American law firms, concern was
raised that it would become the medias favorite example of an American law
firm unable to hold its own in a highly competitive market.
Conceding that they would suffer a bad news day in the London press, Managing
Partner Duane Quaini decided on a strategy that changed the story altogether.
Immediately after closing the London office (for all the right reasons),
Sonnenschein became the sole US sponsor of First Tuesday, a European-based
high-profile series of networking meetings for venture capitalists and dot.com
executives. The ensuing landslide of positive press over the next year
positioned Sonnenschein as a tech-savvy firm, and overshadowed the memory of
the London office closing.
- The Positive Angle. When a top partner decided
to leave Mitchell Silberberg, the firm feared the negative press that often
accompanies the departure of high-profile partners. Recognizing that the
departing lawyer had strong positive feelings about Mitchell Silberberg, the
firm asked him to contribute helpful comments to his new firms press
release. The resultant press release mentioned Mitchell Silberberg in its
second paragraph and made it abundantly clear that the departure had
everything to do with the lawyer wanting to work at a very large firm, and
nothing whatsoever to do with any imputed Mitchell Silberberg deficiencies.
- No Such Thing as a Local
Paper. When a partner at a San Francisco law firm was accused of sexual
harassment in a local tabloid, the law firm elected to ignore the allegations
and deflect the story by telling enquiring minds to consider the source. They
did, and soon the story started appearing in mainstream business newspapers
and the legal press. The story took on a life of its own and the law firm
looked negligent for ignoring the public warning signs. The lesson is that
there is no such thing as a local paper. All publications, even on the
Internet, have varying degrees of relevancy. The good news about an
over-communicative environment is that non-major publications provide fair
warning of what is likely to come. Ignore them at your peril.
- Always Market. In
the early 1990s critics claimed that Howrey Simon was outdated and soon to go
out of business. Within three years it became the third fastest growing law
firm on the East Coast. In 2002, critics applied the same reasoning to
Brobeck Phleger & Harrison, claiming its focus on technology and overly
aggressive advertising had put the firm in danger. If it continues to be the
forward-thinking firm that it has been for the past five years, Brobeck will
survive and prosper despite its current troubles just as Howrey did. In
each case, the firm does not shy away from marketing and media because it
receives some negative coverage. Instead, they knuckle down and consider how
they can be more forward thinking and more committed to the long term,
marketing all the while.
As Robert Ball, a Coca-Cola
advertising executive said in 1974, If we stopped marketing, youd forget who
Coca-Cola is within ten days. Never stop marketing.
Richard S.
Levick, Esq.
is president of Levick Strategic Communications and can be reached at
rlevick@levick.com. They have
handled the media for more than 150 law firms worldwide.
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