Managing Your Law Firm’s Reputational Risks: Crisis Communications Planning

Your Law firm

“Reputation damage, the top-ranked risk in this year’s survey”

Global Risk Management Survey 2015

Court of _______ Opinion

Crisis breaks

News media picks it up

Story goes viral

Impact on legal proceedings

How hot can it get?

“Most of the people in my world hate the media. I actually not only don’t hate them, I feel sorry for them.”

Who said this?

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

What we’ll cover today

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.

2010 Illinois Rules of Professional Conduct - RULE 3.6: TRIAL PUBLICITY

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.

2010 Illinois Rules of Professional Conduct - RULE 3.6: TRIAL PUBLICITY

Internal preparation

Crisis assessment

Predicting “holding statements”

Defining communication channels

Preparing for a crisis

What are some common crises?

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

Where can a crisis strike?

Client agreements

Who

What

Where

When

How the law firm can consult with its client with crisis assessment

Message Map/Crisis Matrix

Lead attorney/managing partner

Firm’s communications director

Client

Firm’s stakeholders

Creating a unified front

Fast

Accurate

Trustworthy

Empathetic

Respectful

You can’t get around without being…

Clear and short answers

Stay on offensive

Respect “pushy” reporters

Practice

Media spokespersons are trained, not born (especially attorneys who write “briefs”)

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…”

And how to do it

Crisis communication tactics

“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.”

Holding statements

Know nothing, say nothing

Play the Lone Ranger

Hate the messengers

Forget the feelings

Don’t practice

Avoiding common pitfalls

Contact lists (e.g. crisis team, media lists)

Access to social media channels

Professional service providers

Tomorrow will be TOO LATE!

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

Evaluate how well plan worked

Sample tools

Resources for law firm crisis communication plans

Legal PR Chicago

Crisis communications = insurance

Employment/client agreements

Train key crisis communications team

Test during regular hours and off-hours

Best Practices

Is it too late when you or your client

face a pile of ashes?

Confirm that you have a plan

Review resources listed

Learn from others

Presenter

Tom CiesielkaTC Public Relations312-422-1333www.tcpr.net

Questions