One of the biggest challenges in responding to a crisis is balancing lawyerly advice about courtroom liability with PR counsel about the court of public opinion.
Avoiding or minimizing legal liability can come at the expense of tarnishing or losing a reputation. For some clients, losing a reputation is more costly – and more permanent – than an adverse verdict.
Advising clients to say nothing can be a safe legal position, but a precarious reputational position. It is incumbent for attorneys and PR counselors to respect what each other does and offer clients constructive counsel that protects their full set of interests.
Wise attorneys recognize the power of words, so they carefully shape their messages. Experienced PR counselors understand the judicial process. That should form the basis for mutual respect and a healthy working relationship.
Attorneys and PR counselors are both advocates, each with a different target audience and parallel lenses to view the crisis. Judges and juries – not to mention opposing legal counsel – are a key audience. But so are the people affected by or interested in the crisis and its cause, which can include coworkers, neighbors, customers, regulators and, of course, the news media.
In law school, attorneys are taught how to parse words in cases and frame arguments. They don’t always learn the power of what is not said – or of not saying anything.
Journalists and PR professionals typically get a superficial picture in their training of how the legal system works. Most never spend time in an actual courtroom, watching a trial or diving into briefs supporting lawsuits. Few have covered a criminal or civil matter from beginning to end for a news outlet. Some have never heard of attorney-client privilege or appreciate its significance to protect clients and communications.
Clients deserve fulsome advice, even to the extent of differing views. An attorney and PR counselor may have sharply varying viewpoints on how much the client should say and when to say it. Dispensing their counsel in a respectful, professional manner gives clients a fuller view of their options and the risks and opportunities attaching to those options.
Self-confident attorneys and PR counselors serve their clients well when they collaborate and do their best to arrive proactively at a consensus that doesn’t equate to stonewalling or self-indicting confessions.
One of the most vital conversations is what can be said or done that provides reassurance to the people most impacted by a crisis. Earning trust in the heat of a crisis depends on meaningful actions and clear statements. This is as valid to consider as the ultimate liability for the crisis.
Despite coming from different universes, attorneys and PR counselors can be good teammates. And for the good of their clients, they should be.
In a crisis, clients already have enough stress. The last thing they need is a pair of squabbling advocates. However, attorneys and PR counselors don’t always play nicely together in the sand box. They have been called the “oil and water team.” Attorneys discount PR counselor understanding of the law. PR counselors think lawyers are rigid impediments to clients telling their story. Clients facing crisis shouldn’t settle for either stereotype. There are attorneys and PR counselors who know how to work together in the best interests of their collective clients.
An important part of crisis planning and preparation is to ensure your attorney and PR counselor have track records of collaboration and mutual appreciation that winning in court, but losing in the court of public opinion still equals a loss.
Gary Conkling is president and co-founder of CFM Strategic Communications, and he leads the firm's PR practice, specializing in crisis communications. He is a former journalist, who later worked on Capitol Hill and represented a major Oregon company. But most importantly, he’s a die-hard Ducks fan. You can reach Gary at email@example.com and you can follow him on Twitter at@GaryConkling.