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7 Things Lawyers Need to Know to Handle a Crisis

Berbay Podcast With Eden Gillott

Eden chatted with Sharon Berman at Berbay Marketing & Public relations about what it’s like working with law firms and what lawyers need to know about managing a crisis for their clients.

Here are some key takeaways based on the interview.

 

What are some issues that lawyers face where optics come into play?

Some of the issues we see are government investigations, recalls, and data breaches. Sometimes it’s unwanted media scrutiny over a wide range of allegations, including toxic workplace culture, fraud, embezzlement, etc.

Most people don’t realize that many of the issues that we handle actually have nothing to do with the media at all. At the end of the day, it’s about reassuring and communicating with the client’s stakeholders (employees, community, etc.)

 

How does Crisis PR benefit attorneys? 

It’s vital to have everyone rowing in the same direction during a crisis.

We become an extension of the legal team. We’re aligned and have the shared goal of protecting the law firm’s client. I don’t advise on legal strategy, but rather on public perception and messaging. We find that lawyers really enjoy our presence because we look at the issue from an optics perspective and trust in their legal expertise.

We also plug into their client’s existing marketing & communications department or public relations firm to provide an overall crisis communications strategy. We don’t come in and take over and say, “My way or the highway.” It’s about figuring out the best plan for everyone to work together to get out of this. Clients appreciate that once we’ve established the initial strategy plan, we turn it over to their existing team to execute. We then take on an advisory role.

 

For more tips like these, check out A Lawyers Guide to Crisis PR: Protecting Your Client’s Reputation.

 

What’s the difference between public relations and crisis communications?

When people think about public relations, in general, they think about people wanting to get their name into the press. They want people to know what they’re up to.

On the flip side, Crisis PR has many different names — issues management, damage control, strategic communications, etc. Whatever it’s called, it boils down to, “How do you manage to communicate bad or potentially bad optics?”

So, in my case, instead of getting a client’s name into the press, my best successes are often the ones you never hear or read about. And if you do hear about them, you think, “Oh, why were they even reporting on that? It seems like small potatoes.”

 

How important is it to act quickly during a crisis?

It’s absolutely essential to move quickly. Because the more time you give it, the more things can go sideways. If the other side hopes to sell its version of the story, they will rush out and tell theirs before you do. If this happens, you’ve yielded the opportunity to control the narrative, and now you’re left playing catch-up.

But you must be careful to not rush so fast that you make mistakes. You must have all of the facts and be ready to give an accurate, coherent, and convincing statement. Sometimes situations are very fluid, or maybe you don’t have as many of the facts as you’d like. However, you still need to communicate as early as possible.

 

What happens if you say, “No comment”?

When people hear “No comment,” they think, “Oh, well, the allegations must be true. They’re just hiding.” It makes people wonder, “What are you not telling us?”

 

What are some of the most common mistakes?

  • Clients who drag their heels waiting until something gets so bad that it becomes unbearable. For example, if a problem crops up on a Friday, they’ll take the entire weekend off and go, “O.K., we’ll just deal with this on a Monday.” By then, it’s usually become a massive problem because you waited too long.
  • Not getting to the bottom of what really happened. The truth comes bubbling up at some point, and that throws a monkey wrench in the legal and PR strategies. You’ve got to pull out all of the skeletons in the client’s closet to make sure that you understand the whole picture. You don’t want to be sidelined later with facts that magically pop up at the most inopportune times.
  • And, of course, saying “No comment.”

 

How advantageous is it to prepare for a crisis in advance?

People who anticipate something bubbling up in the future and make a quick call can nip an issue in the bud before it becomes a “crisis.”

One of the best things I can hear is, “Hey, this might come up soon. If it were to come up, what would be the best way to position us now so that we’ll be stronger when it does happen in the future?”

Those are the people who usually never or rarely confront an actual crisis. And if one does occur, they feel as though “Oh, this is a tiny, little bump road. We’ll get past it.”

 

FaviconinitialsGillott Communications is a Los Angeles-based public relations firm that specializes in high-stakes Crisis & Reputation Management with more than 50 years of expertise in strategic communications, corporate public relations, and working with the media.

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