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Part One of this series set forth tips for handling a crisis that will resolve in a timely manner and will not be the downfall of a firm. This month's installment addresses clients in crisis.
Clients in Crisis
Because an attorney's primary job for clients in crisis is to help them get out of trouble, attorneys often believe that not saying anything to anyone is much less riskier than talking to the press ' and that is one option. However, as noted, clamming up and relying on 'No comment' isn't always going to be helpful in resolving a crisis situation ' and may actually exacerbate the situation. Clearly, there are situations where it is impossible or not legally prudent for a client to discuss details of a crisis in public, but in some situations, it is worth the client considering.
And while you need to ensure that you help your client safely navigate the complexities of the legal storm brewing in the wake of the crisis, there are a few things that you can do to help your client out on the communications side.
Encourage the CEO to Speak Out
While press conferences are generally pass' in today's 'immediate gratification world,' they can be very effective vehicles for communicating with the press. Just as J&J's Chairman took the lead and got out in front, so might your CEO, even if it is only to explain that there are no details about the crisis available at that particular moment and that he'll release a statement as soon as possible. Using the press-conference format for that kind of 'news' (and today many press conferences are conducted via conference call versus an in-person, 'traditional' press conference) can be a very effective way for the client to communicate with a number of press all at once ' and it can often be exactly the right vehicle for explaining the details of a complex crisis. Also, putting a human face on the crisis (especially one well-trained in media relations ' see above) can foster an open discussion of the crisis, and one that is likely to get a more balanced play in the press.
Also, it's quite possible that if the client does nothing, the long-term health of the client's brand may be affected. Research showed that J&J's handling of the crisis proved to be a positive influence on the brand and the corporate image over time.
Call in the Experts
Nearly all large public relations firms have crisis communications practices, and most of them are staffed by seasoned, competent communications professionals. If your client does not already have a PR firm, propose hiring such a firm to your client. While at the moment the cost might seem high, in the long run, a good PR firm with a good crisis communication team can save clients their fees many times over.
Also, a number of the large, national PR firms have litigation communication practices that are very experienced in dealing with the multi-faceted fallout of high profile litigation and the attendant crisis communication needs. If you don't already know about these practices and the PR firms that have them, it might be a good idea to familiarize yourself with these firms and review their marketing materials. Some of the more notable 'big name' PR/ communication firms with litigation communication practices of some kind include Fleishman-Hillard (www. fleishman.com/capabilities/practice_ groups/litigation.html), Edelman (http://www.edelman.com/expertise/practices/crisis/), and APCO Worldwide (www.apcoworldwide.com/content/services/index.cfm). In a number of boutique firms that offer specialty crisis communication support there are also good choices including Logos Consulting Group (www.logosconsulting.net/what-we-do/crisis-communication/crisis-communication-management.html), Levick Strategic Comm unications (www.levick.com/expertise/out/litigation.php), Van Prooyen Greenfield LLP (www.vpgllp.com/services_crisis.php) and ML Strategies (an affiliate of Mintz Levin Cohn Ferris Glovsky and Popeo P.C. (www.mlstrategies.com/about/public_relations.cfm).
Ask about their crisis communications plans. If you're hired by a client to help it handle a significant crisis (one of those bet-the-company cases), ask early on if it has a crisis communication plan in place or how it plans to handle its communications throughout the engagement. Clients approaching a crisis often have tunnel vision and only concern themselves with resolving the crisis. Not having a good plan in place ' or not thinking about how to communicate during the crisis ' can make the crisis even worse. An early 'heads-up' can be a lifesaver.
Cooperate with the Professionals
While your knee-jerk reaction may be to tell the client to keep quiet in a time of crisis, it may be to the client's advantage if it airs its side of the story in the press. As a marketing professional, you can be helpful by reviewing the communications, advising on any potential problems you see, and cooperating with the professional communicators. That's not to say that you should let your client say anything and everything that it wants ' just realize that professional PR people and those that specialize in communications can add significant value to a crisis situation.
This article originally appeared in Marketing the Law Firm, a sister publication of this newsletter.
Clients in Crisis
Because an attorney's primary job for clients in crisis is to help them get out of trouble, attorneys often believe that not saying anything to anyone is much less riskier than talking to the press ' and that is one option. However, as noted, clamming up and relying on 'No comment' isn't always going to be helpful in resolving a crisis situation ' and may actually exacerbate the situation. Clearly, there are situations where it is impossible or not legally prudent for a client to discuss details of a crisis in public, but in some situations, it is worth the client considering.
And while you need to ensure that you help your client safely navigate the complexities of the legal storm brewing in the wake of the crisis, there are a few things that you can do to help your client out on the communications side.
Encourage the CEO to Speak Out
While press conferences are generally pass' in today's 'immediate gratification world,' they can be very effective vehicles for communicating with the press. Just as J&J's Chairman took the lead and got out in front, so might your CEO, even if it is only to explain that there are no details about the crisis available at that particular moment and that he'll release a statement as soon as possible. Using the press-conference format for that kind of 'news' (and today many press conferences are conducted via conference call versus an in-person, 'traditional' press conference) can be a very effective way for the client to communicate with a number of press all at once ' and it can often be exactly the right vehicle for explaining the details of a complex crisis. Also, putting a human face on the crisis (especially one well-trained in media relations ' see above) can foster an open discussion of the crisis, and one that is likely to get a more balanced play in the press.
Also, it's quite possible that if the client does nothing, the long-term health of the client's brand may be affected. Research showed that J&J's handling of the crisis proved to be a positive influence on the brand and the corporate image over time.
Call in the Experts
Nearly all large public relations firms have crisis communications practices, and most of them are staffed by seasoned, competent communications professionals. If your client does not already have a PR firm, propose hiring such a firm to your client. While at the moment the cost might seem high, in the long run, a good PR firm with a good crisis communication team can save clients their fees many times over.
Also, a number of the large, national PR firms have litigation communication practices that are very experienced in dealing with the multi-faceted fallout of high profile litigation and the attendant crisis communication needs. If you don't already know about these practices and the PR firms that have them, it might be a good idea to familiarize yourself with these firms and review their marketing materials. Some of the more notable 'big name' PR/ communication firms with litigation communication practices of some kind include Fleishman-Hillard (www. fleishman.com/capabilities/practice_ groups/litigation.html),
Ask about their crisis communications plans. If you're hired by a client to help it handle a significant crisis (one of those bet-the-company cases), ask early on if it has a crisis communication plan in place or how it plans to handle its communications throughout the engagement. Clients approaching a crisis often have tunnel vision and only concern themselves with resolving the crisis. Not having a good plan in place ' or not thinking about how to communicate during the crisis ' can make the crisis even worse. An early 'heads-up' can be a lifesaver.
Cooperate with the Professionals
While your knee-jerk reaction may be to tell the client to keep quiet in a time of crisis, it may be to the client's advantage if it airs its side of the story in the press. As a marketing professional, you can be helpful by reviewing the communications, advising on any potential problems you see, and cooperating with the professional communicators. That's not to say that you should let your client say anything and everything that it wants ' just realize that professional PR people and those that specialize in communications can add significant value to a crisis situation.
This article originally appeared in Marketing the Law Firm, a sister publication of this newsletter.
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