Not All Press is Good Press: Managing a Crisis

A friendly reminder from the National Law Review’s Business of Law Section  —Not All Press is Good Press: Managing a Crisis from Gina F. Rubel of Furia Rubel Communications, Inc. 

New York Times reporter, Peter S. Goodman, hit the nail on the head in his article, In Case of Emergency: What Not to Do. Goodman shares with us the realities of bad crisis management which equals bad press. The examples he sites are Toyota, BP (who even my 10-year-old daughter sees as an environmental villain), Goldman Sachs, and others. He also sites “image implosion” examples of LeBron James and Mel Gibson, although he skipped over Michael Vick. 

Goodman shares great points and the entire article is worth a solid read (or two). However, there are some important points all which are dependent upon the situation you are dealing with. 1) Heed established protocol: When the story is bad, disclose it immediately; however 2) there are times when silence is better. Tiger Woods can tell you why. And 3) don’t say “anything” if there’s a chance it will lead to hypocrisy and ridicule and especially if the media can tear you apart word for word. 

Goodman also reminds us that lawyers and P.R. practitioners often find themselves in a battle when it comes to handling crisis communications. This is something I know all too well – as a lawyer and publicist who handles litigation publicity. I have found my Id and Ego in battle over the best way to handle a situation many times.  (Don’t ask me if the lawyer in me is the Id or the Ego – the public relations practitioner seems to win out in me every time.) 

Goodman says, “In times of crisis, communications professionals and lawyers often pursue conflicting agendas. Communications strategists are inclined to mollify public anger with expressions of concern, while lawyers warn that contrition can be construed as admissions of guilt in potentially expensive lawsuits.” Both are correct and there can be a happy medium when they play nicely in the sandbox. 

At one point in the article, Goodman quotes Eric Dezenhall, a communications strategist in Washington, D.C., who worked in the White House for President Ronald Reagan. He says that a corporation in crisis is “absolute chaos” and that the lawyers and P.R. consultants “despise each other.” Although this isn’t far from the truth during a crisis, it makes a great case for advance crisis communications planning – a practice where most corporations (and lawyers) miss the mark. 

A crisis communications plan anticipates issues before they arise. It deals in scenarios and responses. It’s the “if this then that” game and it works. This process also works for lawyers dealing with high-stakes issues for their companies and clients. For example, when a law firm is going to file a complaint on behalf of a client, and the complaint deals with well-known entities, it behooves the law firm to understand who might see that “once-filed public” document and what questions could be asked. In many courthouses, journalists are assigned to review the public filings for the day to uncover stories. Just because a firm or client doesn’t request media attention doesn’t mean they are not going to get it. 

So what is a law firm to do? Employ media strategy. Ask: “If a member of the media calls about this complaint, what are we going to say? What if they reach out to our adversary first? Should we disclose the filing or is it better to take a wait-and-see approach with a lawyer-approved statement in place? Who will serve as the spokesperson? Who are the affected audiences? Do they need to know about the lawsuit in advance of filing? How does this affect the company’s bottom line and what are we going to do about it?” These are just a few of the questions that need to be asked. 

On the other hand, companies susceptible to lawsuits should also play the “if this then that” game. Rather than be on the defense, employ proper planning before a crisis hits. Defense firms and P.R. firms alike can provide added value to clients by being proactive – thus putting the clients on the offense whenever possible. 

At the end of the day, it is important that attorneys and public relations practitioners work together with the same agenda. Determine what needs to be accomplished and the best road to get there – even before beginning the journey.

© 2010 Furia Rubel Communications, Inc. All rights reserved.

About the Author:

Gina F. Rubel Gina Rubel is the president and CEO of Furia Rubel Communications (www.furiarubel.com). A public relations expert, attorney, and author, Gina teaches professional service firms nationwide how to use integrated communications to gain credibility, to get recognized and to build and retain business. She has been named one of Pennsylvania’s Best 50 Women in Business and a Philadelphia Business Journal Woman of Distinction.  215-340-0480 www.furiarubel.com

 

Practice Descriptions and SEO: Distinguish Your Firm from the Competition

Originally posted on the National Law Review and in the LMA Virginia newsletter and contributed by Lauren Hum of Hunton & Williams LLP – some quick tips for SEOing practice descriptions on law firm’s websites: 

Differentiating your firm’s legal services from those of another firm is one of the basic tenants of legal marketing. Many firms offer the same general legal practices that directly compete with other firms for the top spots in legal rankings and search engine results. Fortunately, search engines are predictable creatures that use objective measurements to determine in what order websites are ranked. Below are a few suggestions on how to craft the most effective practice description in order to maximize search engine visibility.

Long-tail Keywords. Each practice has key phrases, usually names of specific laws or regulations, that are unique to that particular practice. It is important to identify these industry-specific keywords and include them in an appropriate place within the practice description. Using long-tailed keywords, such as “EU data protection directive,” will have the added benefit of generating traffic from visitors who have in-depth knowledge about the specific industry as opposed to more generic keywords, such as “climate change,” that will cast a wide and rather ambiguous net.

Keyword Variation. Some practices, like international arbitration, have standardized names that are used universally by almost all firms who offer that practice area. Other practices have different names that describe the same general practice area. For example, a practice may be called “Business Restructuring & Reorganization” at one firm and “Bankruptcy, Restructuring & Creditors’ Rights” at another. Even if there might be slight distinctions in their niche expertise, they are generally targeting the same sector of the legal community. Although the name of the practice should remain consistent throughout the description, not including other commonly searched alternative forms of the practice within the text will limit your reach.

Inbound Links. One of most powerful ways to raise a practice area’s search engine rank is to increase the number of inbound links to the practice description. The more links that lead to your content, the more weight search engines will give to the ranking, and the more traffic will be directed to your practice area description. There are many opportunities to place a link to a practice description on your current material, including blogs, client alerts, and other related practices.

Intelligent Design. Search engines use header, sub header, bullet, and boldface tags to determine the content of a webpage. Using these elements to structure practice area descriptions will not only make your content more comprehensible to search engines, but also present your information more effectively to website visitors.

Consider the Medium. Practice descriptions used for the website should not be the same length as practice descriptions used in proposals and other print materials. By using a practice area description that spans several pages, you are inadvertently sabotaging its chances of appearing in search results. Search engines use complex algorithms that calculate the frequency of keywords divided by the overall length of the content and thus long practice descriptions will dilute the keywords you use to categorize your law practice.

While incorporating any one of these elements into your practice’s website description will be beneficial, it is critical to keep in mind that effective SEO is dependent upon multiple components that work in unison to produce the desired effect. Furthermore, many of these recommendations can be extrapolated to attorney biographies, as they are another opportunity to distinguish your firm from the competition.

DISCLAIMER. The views expressed in this article are those of the author and do not necessarily reflect the views of Hunton & Williams LLP.

Originally published in the Summer 2010 issue of LMA Practice Marketing Newsletter Copyright 2010 Legal Marketing Association –The Virginias Chapter.

Authored By Lauren Hum:

Lauren Hum is a Marketing Technology Specialist at Hunton & Williams LLP and lives in Richmond, Virginia. Ms. Hum is a Communications & Technology committee member for the Legal Marketing Association’s Virginia Chapter and a board member for the William & Mary Richmond Alumni Chapter.

BP Mismanages a Coffee Spill and the Best of @BPGlobalPR

Not surprisingly, the whole world pretty much hates BP now. And more and more people are lashing out against the oil conglomerate with attacks. Some are vicious advocacy campaigns that include pocket-hurting measures like boycotts. Others are vicious satirical jabs at a company whose reputation is being destroyed, piece by piece, day by day.

Here is the funniest attack I’ve seen. From the Upright Citizens Brigade, it’s a spoof of how BP would try to handle a boardroom coffee spill. (There is one instance of NSFW language at the end.)

Good stuff.

And coming in at a close second is the fake BP public relations Twitter feed. If you’re not familiar, many companies use the social media site Twitter to inform the public of their latest news and offerings. And someone has created a satirical @BPGlobalPR account that sends out frequent humorous updates laced with acerbic cynicism for how BP is handling this mess. Often accompanied by the sarcastic “#bpcares” disclaimer, the account advocates charity causes such as offering ”free bpcares” t-shirts that you can purchase for $25. (You can read more about @BPGlobalPR here and here.)

Here are the cleverest updates from the account so far:

SPOILER ALERT: The leak stops eventually, everyone forgets about it and we all buy another vacation home. #cantwait

Found driftwood that looks like Jesus crying oil. Not sure what it means but we’re charging 20 bucks to see it. #bpcares

If we’re being accused of being criminals, we want to be tried by a jury of our peers — wealthy execs who don’t give a damn. #fairisfair

I’ve gotta say, at night the gulf really doesn’t look that bad. #bpcares

OMG This isss ridciulsus. playing a drinking gamee where we drink a shot everytme we seeee an oily birdddd!!! LOL! so wasted!!11 #pbcares

What a gorgeous day! The ocean is filled with the most beautiful rainbows! #yourewelcome #bpcares

They want to fine us $4,300 for every barrel of oil spilled? Umm, we’re not spilling barrels, the oil is going directly into the gulf. DUH

A bird just stole my sandwich! You deserve everything you get, nature!!! #bpcares

If Top Kill doesn’t work, we’re just gonna toss a giant “Get Well Soon” card into the gulf and hope for the best. #bpcares

Just wrapped up a meeting with the EPA. Terry kept farting out loud at all the right moments. Not sure how he does it, but it’s SO FUNNY!

Funny, no one has thanked us for seasons 3-15 of Treme yet. #bpcares

The good news: Mermaids are real. The bad news: They are now extinct. #bpcares

Catastrophe is a strong word, let’s all agree to call it a whoopsie daisy.

Beverly Hillbillies marathon on TBS – now THESE guys knew what to do with an oil leak!

Not only are we dropping a top hat on the oil spill, we’re going to throw in a cane and monocle as well. Keeping it classy.

Authored by: Jared Wade

The above article is reprinted from the Risk Management Monitor – the official blog of Risk Management magazine.

Reprinted with permission from the Risk Management Monitor. Copyright 2010 Risk and Insurance Management Society, Inc. All rights reserved.

Crisis Communication Plans Provide the Framework of How to Manage a Crisis Effectively

Guest Blogger Paramjit L. Mahli of of SCG Legal PR Network provides some helpful guidelines on crisis PR management techniques.

What will your firm do in the face of an unexpected emergency? Crisis communication plans provide an organizational framework of who will be responsible for which specific task, when and if a crisis should occur.

The most challenging part of any crisis, whether it is natural or man-made is the reaction of the management. Not only do they have to be prepared to respond quickly but respond with the right response. Failure to do so will only lead to spin, not communication, which in turn doesn’t mitigate damages but rather causes embarrassment, humiliation, prolonged visibility, and often, unnecessary litigation for the business.

Crises can range from product recalls, an accident in a mine, food contamination, passengers’ movement on airline restricted during poor weather, a hacker stealing credit card information, environmental breaches, class action law suits, sexual harassment, or activisms which effect commerce everyday throughout the world. More often than not, crisis occur when least expected. The Institute of Crisis Management defines a crisis as “ Any problem or disruption that triggers negative stakeholder reactions that could impact the organization’s financial strength and ability to do what it does”.

Executives understand that a solid, strong reputation of their company is tied with bottom-line earnings. Businesses with good reputations are seen as providing their customers with more value and therefore are able to charge premium prices for their products and services. Anything that diminishes this value is of consequence.

Frequently, attorneys whether they are inside or external counsel find themselves in the thick of the crisis, uniquely situated between management and external counsel, and/or other stakeholders with strong interests and involvement in the crisis. By understanding the role of the media, learning how to work effectively with the press, advising clients of the importance of having some sort of crisis plan in place, law firms and attorneys are able to provide additional value to their clients and importantly are setting themselves apart from their competition.

Having a crisis communication plan where both sides: attorneys and public relations firms and/or consultants, not only work cohesively together but understand their respective roles is imperative when client’s/organizations reputations are at stake. Oftentimes, regardless of the legal implications of the crisis, perceptions generated with the public can be helpful or detrimental to the client’s economic health.

When no plans are in place, and a crisis occurs, improvising and flying by the seat of one’s trousers will not minimize damage but rather increase it. A plan that identifies clearly who is responsible for which tasks will impose order, structure and direction rather than having to put out firestorms without having any strategy in place.

Crisis communication plans at their very basic are templates. They provide an organizational framework of who will be responsible for which specific task, when and if a crisis should occur. Without a plan, the left hand won’t know what the right hand is doing particularly when the press is knocking on your door. It should outline in detail operational procedures. This includes contact systems; a point person who is coordinating with press and spokesperson (usually the primary attorney, depending on the nature of the crisis) back up spokesperson, and reporters who cover the beat. It will also include how and what to communicate to any other organization, stakeholder or community that has a specific interest and is impacted by the crisis.

It’s important to note, that these templates must be fluid. Each crisis will be different with different stakeholders and so adjustments to the plans will be necessary as these are living organisms. However, all of the plans at their very basic level will need the following:

  1. Determine who is part of the crisis communication management team. This will include all key individuals and roles assigned to them. All the individuals must have contact details of all the team members.
  2. Designated spokesperson with the press. This is the individual who will be the face of organization to the public. Typically there is a fair amount of dialogue between attorneys and spokespersons. The Spokesperson, usually has had a fair amount of media training, or comes from a journalism background.
  3. Assign individual/public relations agency to be responsible for all needs and queries of the press. This persons/agency’s job is to ensure that all press requests are handled in a timely manner.
  4. The legal counsel, spokesperson should have a current media list of reporters who cover your client’s beat.
  5. Maintain a media log. This should have details of all press that has contacted the organization, what information was sent, when they are expected to get back to you. If there is more than one individual on the coordination team, be clear on which tasks were delegated to whom?
  6. The public relations agency should make sure the spokesperson or any other individuals assigned to that role should not talk to external sources until they have and understand all the facts. Otherwise, mistakes will be made, which in turn create negative perceptions.
  7. Communicate key messages for all your audiences in a consistent manner, whether they are within the organization or external audiences. The messages must address questions and concerns in language that different stakeholders understand. The tendency is to be objective and use legal language, both of these will work to your disadvantage, the public wants to hear and sense that you understand the gravity and depth of the circumstances.
  8. Depending how long the crisis is the public relations agency/consultants should coordinate a regular timetable to meet reporters, keeping them abreast of any latest developments.
  9. Maintaining several back up plans, point personal, and other details relating to the particular crisis is a must.
  10. Finally, all crisis circumstances whether they are business related or natural disasters need a human face. That means, regardless of how well prepared the organization/client is, it is critical to connect and relate to all the key stakeholders impacted by the situation.

Finally, a good crisis communication plan helps to mitigate and reduce the potential for damage. It is a blueprint for when unexpected events and disasters strike, providing structure for the flow of important information to be communicated to all the key players. Benjamin Franklin summed it up very well, “by failing to prepare you are preparing to fail”

Paramjit L Mahli is with award winning SCG Legal PR Network. She is a former journalist who has worked with CNN Business News, Canadian Broadcast Corporation and Journal of Commerce. Comprised of small and large firms throughout the USA, SCG Legal PR Network connects legal experts with reporters nationally and internationally. Ms. Mahli is a contributor to Legal Broadcast Network and writes frequently for Technolawyer. She also trains and gives CLEs regularly on media relations and public relations.

Why Attorneys Should Be Working with the Press, Instead of Against Them

Guest Blogger – veteran journalist and PR Pro Paramjit L. Mahli  of SCG Legal PR Network provides some very tangible and usable pointers related to attorney – press relations.   

Look it up in the dictionary!
You know that public relations is an important aspect of your business development strategy. But do you know the appropriate plan of action to take in order to achieve optimal success?

Solo practitioners and attorneys from small law firms often resist public relations. They cite not having enough time, a lack of understanding of its role, or the dearth of resources, to make public relations part of their business development plans. Coupled with stereotypes of the press, such as reporters only going to the big law firms or only wanting the drama and not the facts, it’s no surprise that media relations is relegated to the bottom of business development activities, particularly if the firm has already achieved some “visibility” that did not result in new clients.
 
The reality is that public relations is an indispensable part of business development strategy for every firm, regardless of size. Getting quoted in news stories, both in targeted industry publications and mainstream media, is one of the most cost-effective ways of securing exposure. A good public relations plan serves several purposes: it builds reputation and visibility, allows firms, practice areas and solo practitioners to become known, liked and trusted in their target market, and finally—and most importantly— helps to bring more business.
 
Before embarking on a public relations plan, you must ensure that all of the firm’s marketing communications materials, such as blogs, Web sites, newsletters and e-zines, address the “What’s in it for me question for prospects and that differentiation is clear. The next step is to target the industry publications and media outlets that your target market reads.
 
Whether you’re a firm that is working with public relations consultants or implementing the plan with internal resources, or you’re a solo practitioner implementing it on your own, the following considerations will make your media relations plan a lot more focused and effective. 

Who are my clients? What do they read? Do they read online publications? Knowing the answers to these questions will guide your choices of the publications to target, whether they are local dailies, weeklies, magazines or trade/professional journals. While being quoted in The New York Times is prestigious, it’s meaningless if your target market doesn’t read that publication. There are attorneys who want media exposure for personal reasons, but often this is in direct conflict with the targeted media relations campaign. 

  1. Conduct an audit of your expertise. What areas of expertise do you have that are frequently the focus of news stories? This will help you identify reporters who cover your area of expertise and build relationships with them. Reporters are constantly on the lookout for attorneys who can simplify legislation; knowing who covers your area of expertise will help position you as a source. For example, if your area of expertise is workplace discrimination in the financial services industry, getting to know reporters who cover this beat is key. 
  2. Know what reporters have been covering in your areas of expertise. There is nothing worse than pitching a story that has already been covered. Not only is it embarrassing, but it also demonstrates to the reporter that you or your public relations team has not done the homework. It is a sure way of lessening your credibility with that reporter. 
  3. Don’t overlook changes or emerging trends in your practice area. These offer golden opportunities to be quoted or to provide commentary. Once you have built those relationships, you can send reporters a quick e-mail or call them, alerting them to possible stories. 
  4. Too often opportunities on the Op-Ed pages are overlooked Writing an Op-Ed piece is a good way of getting to know the editor and bringing to light an issue that is affecting your target market. Letters published in Op-Ed pages can result in story ideas for reporters. 
  5. Depending on your targeted publication, you can pitch Q&As and stories on pitfalls to avoid, such as the top ten mistakes to avoid when friends become partners in business ventures or top ten mistakes to avoid when negotiating a severance package. Even if your story submissions are overlooked, every couple of months, with the permission of the reporter, continue to send him story ideas. Reporters/producers/guest bookers all keep background information on topics that they cover. 
  6. Don’t overlook the importance of becoming a resource for the reporter; this is where you provide background information. While you may not be quoted immediately, opportunities will continue to come your way. Reporters tend to have long memories; they know who is a valuable and trustworthy source. The busier they are, the more premium they place on their sources. Becoming a resource goes a long way toward building relationships with reporters. 
  7. Consider inviting reporters to any Continuing Legal Education training/seminars that the firm may be offering. By extending the invitation, make certain that the seminar is in an area that the reporter is interested in. 
  8. Monitor editorial calendars regularly. Many publications have their calendar online. An editorial calendar is a valuable tool for gauging what a publication plans to cover throughout the year, and helps you avoid missed opportunities. It gives attorneys and law firms plenty of time to remind reporters that they are available to be quoted and provides time to craft and submit story ideas. 
  9. Know when to say no to the press. Reporters may be focusing on stories that will be detrimental to your target market. In such circumstances, it is prudent to give reporters a couple of other sources from whom they can obtain a quote. Whether or not an attorney wants to be quoted in such a story, it is still imperative to return the phone call in a timely manner.
  10. Becoming known as an expert in one or more areas is only part of the equation; the other part is leveraging these opportunities successfully into other marketing activities. Articles, columns and/or bylines written by attorneys can be sent to prospects, strategic alliances and clients with the view of providing value, rather than circulating them with the intent of getting the attorney known.

Finally, it is absolutely imperative to recognize and understand that building credibility and visibility does not happen overnight and rarely does it reap immediate results. It may take a nanosecond to destroy a reputation, but to build one takes work, effort and commitment from all the decision makers in the firm. However, with a sustained campaign working in conjunction with other marketing activities, public relations will reap huge dividends.

Paramjit L Mahli is with award winning SCG Legal PR Network. She is a former journalist who has worked with CNN Business News, Canadian Broadcast Corporation and Journal of Commerce. Comprised of small and large firms throughout the USA, SCG Legal PR Network connects legal experts with reporters nationally and internationally. Ms. Mahli is a contributor to Legal Broadcast Network and writes frequently for Technolawyer. She also trains and gives CLEs regularly on media relations and public relations.  www.scglegalprnetwork.com