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Managing Your Law Firm’s Reputational Risks: Crisis Communications Planning
Your Law firm
“Reputation damage, the top-ranked risk in this year’s survey”
Global Risk Management Survey 2015
Court of _______ Opinion
Crisis breaks
News media picks it up
Story goes viral
Impact on legal proceedings
How hot can it get?
“Most of the people in my world hate the media. I actually not only don’t hate them, I feel sorry for them.”
Who said this?
General best practices and unique tactics for legal crisis communications
Creating a unified front in your firm and with your clients
Crafting crisis communication tactics
Balancing ethical requirements with reality
What we’ll cover today
What Can’t Be Said:
(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and would pose a serious and imminent threat to the fairness of an adjudicative proceeding in the matter.
2010 Illinois Rules of Professional Conduct - RULE 3.6: TRIAL PUBLICITY
What Can Be Said:
(c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.
2010 Illinois Rules of Professional Conduct - RULE 3.6: TRIAL PUBLICITY
Internal preparation
Crisis assessment
Predicting “holding statements”
Defining communication channels
Preparing for a crisis
What are some common crises?
Case/client• High profile matter/client name• Part of national news trend• “Dirt” dug up on your case/client
Firm• Alarming reduction in revenue/loss of client(s)• Partner is convicted of a crime• Firm’s image is tarnished because of your client
Where can a crisis strike?
Client agreements
Who
What
Where
When
How the law firm can consult with its client with crisis assessment
Message Map/Crisis Matrix
Lead attorney/managing partner
Firm’s communications director
Client
Firm’s stakeholders
Creating a unified front
Fast
Accurate
Trustworthy
Empathetic
Respectful
You can’t get around without being…
Clear and short answers
Stay on offensive
Respect “pushy” reporters
Practice
Media spokespersons are trained, not born (especially attorneys who write “briefs”)
Acknowledge: “We understand that our client has been accused of…”
Bridging: “What’s most important is that…”
Facts are facts: “Our client has served the community for 50 years and will continue to serve through…”
Move forward: “While the investigation continues, our client is encouraging everyone to…”
And how to do it
Crisis communication tactics
“Yes, the Securities and Exchange Commission is still investigating our client, and we will provide updates as we have them available.”
“This is what we have confirmed ______. More details may emerge as the criminal investigation continues.”
“Our firm is committed to seeing the due process of our legal system play out, and we are cooperating with all government agencies.”
“Our hearts and minds are with those who have suffered a terrible loss because of what happened at our client’s production facility. We will continue to provide more details when feasible.”
“Due to client confidentiality, we can only confirm what has been publically available.”
Holding statements
Know nothing, say nothing
Play the Lone Ranger
Hate the messengers
Forget the feelings
Don’t practice
Avoiding common pitfalls
Contact lists (e.g. crisis team, media lists)
Access to social media channels
Professional service providers
Tomorrow will be TOO LATE!
Time to hit the “reset” button?
Appreciation and gratitude contact lists
Did systems work in “real time?”
Media analysis: coverage and corrections
Modifications to communication files
Evaluate how well plan worked
Sample tools
Resources for law firm crisis communication plans
Legal PR Chicago
Crisis communications = insurance
Employment/client agreements
Train key crisis communications team
Test during regular hours and off-hours
Best Practices
Is it too late when you or your client
face a pile of ashes?
Confirm that you have a plan
Review resources listed
Learn from others
Recommended