When a crisis hits a law firm, the “it could never happen to me” frame of mind creates a whole new set of problems beyond the crisis itself. The informed minority knows investing in crisis preparation is essential to avoid legal ramifications and irreparable reputation damage. This presentation shows how law firms can become better crisis communications planners and counselors to their clients.
4. Crisis breaks
News media picks it up
Story goes viral
Impact on legal proceedings
5. “Most of the people in my world hate the media. I
actually not only don’t hate them, I feel sorry for
them.”
6. 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
7. 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.
8. 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.
11. 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
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16. Lead attorney/managing partner
Firm’s communications director
Client
Firm’s stakeholders
18. Clear and short answers
Stay on offensive
Respect “pushy” reporters
Practice
19. 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…”
21. “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.”
22. Know nothing, say nothing
Play the Lone Ranger
Hate the messengers
Forget the feelings
Don’t practice
23. Contact lists (e.g. crisis team, media lists)
Access to social media channels
Professional service providers
24. 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