Lawyers and PR professionals: allies or adversaries?
Many assume the answer to this question is tricky, but it shouldn’t be. Along with lawyers, PR is a key element of a law firm. Both have specific responsibilities that help the firm function effectively.
However, managing their roles while achieving a common goal can sometimes become difficult in times of crisis. For example, a PR professional can be great at crafting a statement to maintain a public image in times of crisis. However, if the facts are incorrect in the statement, the consequences can be catastrophic. Fact-checking is a lawyer’s job.
Scenarios like these require the collaborative work of PR professionals and lawyers to reduce higher litigation costs, tarnish company reputations, and maintain brand values. Here is how you can manage reputational risk by bringing lawyers and PR professionals together.
Consider Crisis as a Legal Practice
Every legal firm faces crises; this shouldn’t be a special scenario. A crisis in a law firm, such as a data breach, public scandal, or regulatory investigation, must be treated as a regular legal practice and included in every step in the crisis response process.
Every team, whether the HR department, lawyers, SEO, PR team, IT, or any other, should be responsible for resolving the crisis. When different teams come to the same table to discuss a common issue, different opinions unfold that help create legally sound, law firm branding, and reputation-safe messaging.
Understand and Communicate With Each Other
Communication is the key. Lawyers must go through a lot in a law firm to discover and confirm facts. That takes time and sometimes can lead to reputational damage. Lawyers need to understand that though fact-checking is crucial, there is a need for open communication from the beginning. Proactive communication can formulate a complementary communications strategy, making lawyers feel more involved.
While the fear of information leaks or inaccurate publication is understandable, proactive communication can help identify information that can be published earlier to avoid damage in the later stages. PR professionals and lawyers should draft information and answers for each other, determining what can and cannot be shared.
Don’t Assume Attorney-Client Privilege
The attorney-client privilege protects confidential communications between clients and their lawyers for legal advice. But, when the PR professional comes into the picture, you cannot assume that communications will be protected.
“There can be some scenarios where the attorney-client privileges are extended to a third party. For example, when the legal counsel hires the PR professional to help with legal strategy, the attorney-client privileges are extended,” says James Eason, Founder of Eason Car Accident and Personal Injury Lawyers. “While some courts and jurisdictions may allow this, it is not always guaranteed.”
To manage reputational risk, lawyers must understand that not all interactions involving PR professionals will be protected under attorney-client privilege. This understanding is crucial in navigating the legal and PR landscape.
Create a Formal Structure Between PR Professionals and Lawyers
A formal structure allows PR professionals and lawyers to hold regular strategy meetings rather than meeting occasionally to discuss legal matters. These meetings can help identify legal issues early, allowing both parties more time to chart and address the risks.
Besides periodic meeting sessions, a formal structure between both parties also helps formalize the relationship through contracts and confidentiality agreements. It leads to better work synchronization during high-stakes situations.
Failing to create a formal structure can lead to reputational damage, just like the Boeing 737 MAX crisis. Boeing was faulted for providing a timely public response, leading to the perception of evasion and a lack of transparency.
Establish a Plan to Manage Legal Matters
A well-defined framework or work plan for dealing with a reputational crisis saves time and promotes faster decision-making. When the roles and responsibilities of each team related to legal matters are defined, it becomes easier to identify the right people and use the right resources.
While planning to handle a reputational crisis, remember some crucial things!
- Key people and their roles and responsibilities.
- Processes and conditions for risk evaluation and prioritization analysis
- Important documentation
- Clear and strict timelines for key message development, content, standard distribution, impact measurement, evaluation, reviews, and approvals.
Proper documentation and planning of all these elements ensures a smooth workflow and timely management of a potential reputation risk.
Keep the Timing Factor in Mind
In today’s digitally connected world, the audience expects legal firms to respond to damaging claims faster. If they don’t release a statement early, the audience may rely on third-party sources for information, which may not be correct. This new speed of communication does not match the traditional way of releasing information.
That is where the concept of perfect timing comes into the picture. The legal and PR teams must work with greater trust to develop an ongoing dialogue. That can help release a legally compliant statement quickly and perfectly synced with the audience’s expectations.
Conclusion
The legal landscape is complicated, and communication becomes trickier in today’s digital world. PR teams and lawyers must work in sync to manage reputational risk. Whether it is timely communication, process planning, or creating a formal work structure, both teams have to work as professional allies to manage reputational risk effectively.
