The Rise of the Media: How lawyers and the media are coming together
The use of the media by law firms is not new. Lawyers dealing with libel cases have long seen the benefits that a media strategy can bring to their clients. There is now a greater realisation that this can be extended to other parts of the law.
Very often lawyers deal with high profile issues which have a fundamental bearing on the future of a company or an individual The range of issues is huge – from breaches of health and safety to keeping directors out of jail, from planning applications to corporate takeovers. Lawyers’ actions fundamentally affect a company’s corporate reputation. But dealing with the law is only half the battle. Clients can win in front of a judge but lose in the court of public opinion. It is not just about doing the right thing legally but also about how that is conveyed to the public at large.
A controversial issue always generates media interest. Companies sometimes have to convey bad news, i.e. job losses. Legally a company can ensure that it fulfils its obligations, but that alone will not quench the thirst of the media. What is the company doing to help those losing their jobs? Will there be further cuts? Who is responsible for this decision – is it bad management? These are the type of questions to which the media will want answers. A damaged reputation can end a business. This is why a proactive media strategy is important.
The way a company reacts when a crisis occurs, placing it in the media’s spotlight, is essential. The company will need to respond in a way that the media will understand. Lawyers may feel that “no comment” is the best approach. This can be deadly! A ravenous media will pounce and automatically assume that the company has something to hide. The best approach, when possible, is to plan for a crisis and identify the risks that exist and the crisis that could arise. Companies should ensure its legal advisers and media specialists work as one to ensure that nominated spokespeople are available and fully media trained, that plans and statements for handling media enquiries are prepared, that crisis control groups are formed and that lines of communication are clear. Companies should keep track of policy and story developments at all times to prepare for coming storms. How does a company tell people about the news? A properly implemented media strategy will help convey bad news in a way that minimises its impact and protects the company. Directors need to consider ways to get the news out on their own terms, think about the responses to questions the media will ask and at all times bear in mind how the company will appear to the outside world.
If a story or message needs to be put across to the public, this needs to be done in a way that they fully understand. What may be correct legally may not be appropriate when speaking to the public. To protect a corporate reputation may, on occasions, require an apology for actions. Legally this may be difficult. In communications terms it is often essential. By lawyers working with communications experts problems can be resolved and managed, protecting the company from further legal action whilst also having satisfied the public’s need to hear someone say “sorry”.
A company doesn’t have to wait for a crisis to hit, though. A properly constructed media strategy can also help manage an issue in advance of legal action. By helping to set the environment in which decisions and judgments are made, the media can be crucial. A positive profile for a company through good press coverage can be created if time and effort are committed. Getting to know the journalists who write on your issues, both locally and nationally, is imperative. Companies should inform them about the business and be helpful – let them know you are friendly! This kind of preparation not only improves a company’s reputation but also provides useful groundwork and a bank of goodwill if things should go wrong.
DLA is extremely well positioned to offer its clients a joined-up legal and media relations strategy. DLA Upstream and its team are fully equipped to deliver media communications strategies. DLA Upstream has worked closely with legal colleagues across a range of clients and has ensured success for them. By delivering to its clients, DLA is, again, way ahead of its competitors. There is a mutually beneficial link between the law and the media. A closer integration is developing.
Published in As A Rule, Autumn 2002