Media & Communications: Learning from Politicians

Most lawyers do not have the media experience of Clinton or Trump. And yet, many firms are involved in high-profile, newsworthy stories. If they mishandle their media communications, the reputational damage can be significant.

Fortunately, politicians can teach us a lot about how to handle media inquiries and crisis situations effectively. This article provides some “ripped from the headlines” examples that demonstrate:

• How you, as lawyers and legal marketers, can interact safely with the media to help law firm marketing efforts, even if you don't have much experience.
• How you can do damage control when negative stories are written about your firm.

First, Don't Lie

Don't lie, and that includes posing as your own publicist. I'm sure everyone has heard about the 1991 media interview that made its way to the Internet between Sue Cars- well, then a reporter at People magazine, and “Trump's publicist,” a man named John Miller, who sounds an awful lot like Donald Trump. The interview seemed to be an opportunity for John to boast about his boss's love life. The Washington Post noted that, “Miller turned out to be a remarkably forthcoming source ' a spokesman with rare insight into the private thoughts and feelings of his client.” That point was not lost on the reporter, whose story was headlined “Trump Says Goodbye Marla, Hello Carla ' And a Mysterious PR Man Who Sounds Just Like Donald Calls to Spread the Story.”

After weeks of denial, Trump finally admitted it was he, brushing it off as a “joke gone awry.” Carswell, after hearing the tape for the first time in decades, said, “This was so farcical ' that he pretended to be his own publicist. Here was this so-called billion-dollar real estate mogul, and he can't hire his own publicist. It also said something about the control he wanted to keep of the news cycle flowing with this story, and I can't believe he thought he'd get away with it.” While this ended up not posing a huge threat to his campaign, it certainly was embarrassing and provided more ammunition for his detractors.

The lesson here: Never pose as your own publicist (and lie about it) and never think you will get away with pulling a fast one on a reporter. It almost always will come back to haunt you.

Don't Be Careless

Clinton sure dodged a bullet in her non-indictment by the DOJ when Loretta Lynch formally closed the investigation into Clinton's use of a private e-mail server. Lynch's announcement followed the public recommendation of FBI Director James Comey, who said the former Secretary of State's actions, though “careless,” did not warrant criminal charges.

We all know how much worse this scenario could have been with an indictment, for Clinton and the Democrats. And we all know how much worse this situation could have been for national security if the right information from the e-mail server got into the wrong hands through carelessness and lack of protection.

The lesson here: Carelessness can cost careers, money, reputations and even lives. When speaking with a reporter, don't be careless and reveal firm secrets or anything you would not want to find in print. Reporters are not your friends. While you can develop great working relationships with them, you must always use care and caution. That goes for phone conversations or e-mail exchanges. Additionally, make sure you are following firm protocol for securing your e-mails and records to ensure firm and client confidentiality. As a lawyer or marketer in your firm, you are lucky to be trusted with those client and firm matters, and you should always follow your firm's best practices for keeping that information safe.

Don't Be Paranoid

Clinton and Trump ' and their respective campaigns ' subject all reporters to skepticism due to the high-profile and high-stakes nature of reporting on a presidential campaign. But the aggressive physical and verbal assaults reporters have faced when dealing with Trump or his campaign staff have been severe, harmful and unprofessional, even for the rough-and-tumble world of campaign reporting. Before he was fired as Trump's campaign manager, Corey Lewandowski was arrested and charged with simple battery of former Breitbart reporter Michelle Fields, who claimed she was trying to ask Trump a question when she was immediately moved out of the way by Lewandowski ' with enough force to leave bruises on her arm.

The lesson here: If you're a lawyer or legal marketer who gets a call from an unfamiliar reporter asking about attorney departures, a high-profile client or anything else that gives you pause, don't immediately go on the offensive. Most of the time, the reporter is just trying to cover something he or she deems newsworthy and wants to understand the facts at issue. Likewise, if you see a story about you or your law firm that is unflattering and you were not contacted for a comment, don't just call to complain. Instead, go into the conversation relaxed, yet media-trained and armed with viable talking points that clearly state your perspective in a positive and rational way. Offer to take the reporter to lunch to build a rapport, learn more about what he or she would like to cover, and see how you can help. You don't want to be the one who always complains, because then the reporter will be less likely to take you or your firm seriously.

Get Ahead of the Story

Earlier in the campain, Trump was accused of being anti-semitic after his people tweeted a questionable picture of a star that was taken to be an objectionable symbol. This followed earlier incidents when Trump was slow to condemn former Ku Klux Klan leader David Duke and on several occasions, retweeted messages from white supremacists. While we know that Trump is a serial non-apologizer, sometimes you have to apologize or own your mistakes to get ahead of a bad situation and make it go away. His vigorous defense of the image made things even worse by turning off some who had supported him in the past.

The lesson here: If your firm, an attorney or a client faces harsh or outrageous accusations to which you have to respond publicly, never make excuses or give pat answers on the fly. Take a breath, seriously evaluate the situation, and decide how to respond in a way that will best address the situation and ensure you have control of your message. Before issuing a statement, run it by a carefully selected team at the firm ' individuals with different perspectives whose advice you value ' to ensure it hits the right points. And make sure the marketing and PR folks are working together with firm leadership to ensure the strategy is ultimately in the best interest of the firm.

Once you decide on a strategy, don't contradict yourself by changing course or digging yourself into a bigger hole. Stick with the playbook until the play is over and you can breathe a sigh of relief. Until the next time, at least.

Time Passes and Things Change

The old adage is true: “Today's news is tomorrow's history.” The political news cycle moves fast, and the stories we are hearing about Clinton and Trump will be changing and evolving rapidly from now until November.

The lesson here: It may be hard to see when you're in the eye of the storm, but flurries of negative attention will die down eventually. While news of your law firm in a negative light is never easy to live through, remember that it will eventually evaporate and that tomorrow will be a new day and new opportunity to tell your story to the media.

Michelle Samuels is VP, Public Relations at Jaffe, where she regularly advises law firms on how to approach the media. A former White House intern, Michelle loves to look for ways to turn political missteps into valuable law firm marketing lessons. She can be reached at [email protected] or on Twitter@michsamuels.