Views on Reputation/LawFirmsPR.com

Interview with Law Professor on General Counsels and the Court of Public Opinion

 

Michele D. Beardslee, associate professor at the University of Miami School of Law, will be our guest on Blog Talk Radio this Tuesday, December 8 to discuss her new study on corporate lawyers and the court of public opinion.

The LawFirmsPR show will begin at 2 p.m. Eastern Time and finish at 2:45 p.m and there will be time for call-in questions. Professor Beardslee’s current research investigates the role general counsels play in managing public relations for high profile corporate legal controversies. Part one of her “Advocacy in the Court of Public Opinion: Broadening the Role of Corporate Attorneys,” appears in the Georgetown Journal of Legal Ethics. The second installment, “Advocacy in the Court of Public Opinion, How Far Should Corporate Lawyers Go?” will appear in the same journal in 2010. Professor Beardslee teaches courses in professional responsibility, civil procedure, and business associations. To listen to the live interview on Tuesday, December 8 at 2 p.m., please click here at that time.

Crisis Communications for Law Firms Article in New Jersey Law Journal

Law firms today face more scrutiny than ever from the traditional media, influential websites/blogs, and other key audiences when faced with issues like layoffs, malpractice suits and allegations of discrimination. Thanks to 24/7 news outlets and technology, law firm management can no longer expect bad news to stay inside the firm. 

My article on crisis communications for law firms that was published this week in the New Jersey Law Journal identifies the three key timelines in a crisis and discusses some actions that law firms can take to protect their reputations.

The article can be downloaded in PDF format on the Articles and Tips page at the www.LawFirmsPR.com website here.

IPhone Apps That Lawyers Might Like

In the past year, I've been an active IPhone user and download at least one new app every few weeks. In doing so, I've come across some applications that lawyers might like. Although I'm not an attorney or a tech expert, the productivity gains I've experienced from some of these apps in my work as a law firm public relations specialist can be applicable to legal work, too.

Although many large law firms  won't give up their Blackberrys, the IPhone is ideal for smaller firms that don't have the same issues faced by IT (Information Technology) departments at bigger firms. Of course, if you work at a law firm that mandates Blackberries, you might still use an IPhone for work that doesn't involve client security/confidentiality issues.

Here are my 10 suggested IPhone apps for lawyers:

1) Dial Zero -- When you want to speak with a live person at a major company instead of endless "please continue to hold, your call will be answered in the order that it was received." It really works and I was pleasantly surprised how quickly I reached Time Warner Cable last week.

2) ABA Journal - A fine app from the American Bar Association that has breaking legal news and links to stories appearing in The ABA Journal. Very nice interface. 

3) Google Earth -- Yes, you can have the whole world in your hands. Great travel tool and for satellite closeups of land. Highly recommended for real estate/land use attorneys as well as attorneys who need to research precise locations of auto accidents, construction accidents, etc. 

4) Open Table -- When you need a lunch or dinner reservation on short notice in any major city in the U.S. and overseas. "Search by Neighborhoods" is great tool. A runner-up would be Urban Spoon, which uses GPS to determine your location then displays restaurants in your area. It's quite accurate but not as useful for reservations as Open Table. The link here compares the two.

5) ITranslate - A great application that translates instantly. For example: "Can you please give me directions to the courthouse?" in Spanish: "Podrian darme direcciones a la corte?" (The app even gives you exact spelling of foreign words with accents, something I can't do yet with this blogging program so please forgive the oversight).

6--LinkedIn -- Build your business network, create or join a group, and email those in your network while on the go.

7) Police Radio -- Police scanner that also includes fire departments and EMS for many cities and suburbs around the United States; good one especially for criminal defense and personal injury attorneys -- and those of us who remember Adam-12.

8)TripIt - A user-friendly app for letting people know your itinerary (works closely with sites like LinkedIn and Flight Tracker).

9) CEO Express - Although not an independent application, the app button takes you to the the website of the same name that contains hundreds of links to newspapers, magazines, business/legal information, and productivity tools. There's a section on "Law" with links to FindLaw, Martindale-Hubbell, state/federal codes, and other sections devoted to the SEC and Government Agencies.  

10)Blogging/social media apps - Since there are so many, I bunched them under #10.  If you blog, you might like the apps for WordPress, TypePad and Posterous. There are also so many apps for Twitter use and the new Facebook app has a much improved interface. Note: Facebook is increasingly being used for business and the demographics of Facebook users continues to increase every year.

Finally, If you are trying to get some work done at home and your child is bored, hand them the IPHONE and let them (gently) play with your LightSaber app (very cool) or the Grand Lite, a great-sounding piano keyboard that is also an audio delight for adults, too.  You can also give them a quick introduction to the law by downloading a free copy of the U.S. Constitution application and have them read it.  Then you might give them a break and let them watch some (age-appropriate) video clips on the  YouTube app.

And when you want some entertainment for yourself that's also about the law, check out Weird Laws. It contains a look at funny/strange state and local laws that are reportedly still on the books, such as in Long Beach, CA, where it is "illegal to curse on a mini-golf course. " Or, in Sarah Palin's State of Alaska, "illegal to feed alcoholic beverages to a moose."  In Hartford, Connecticut, it's illegal for a man to kiss his wife on Sunday.

Law Firms Need To Adjust to New Media Landscape

In recent years, many lawyers and law firms have gained a better understanding of how to work with the media to raise their visibility with critical audiences. But the media has changed drastically in the last two years. So here are a few developments worth noting:

1. Old news used to mean yesterday’s newspaper or last night’s broadcast. Today, “old news” can be defined as news that broke on Twitter two hours ago.
2. Newsrooms have been depleted more than ever in this down economy, leaving many print publications with lean staffs. That means that fewer reporters have less time to meet you for breakfast or lunch – or to visit your offices.
3. Many print publications have gone out of business entirely; others have stopped printing with ink and are now “online only.” So there are less traditional media outlets available to consider your news item.
4. While there’s been a decrease in the number of reporters in the print and broadcast media, there’s a huge increase in bloggers, who can sometimes have as much or even more influence with your critical audiences
5. Telling your law firm’s story can still be told with a news release, but today’s news release should include hyperlinks that make it easy for reporters/editors/producers to find more information. This results in better copy since you can now link to a partner’s biography instead of using an entire paragraph on the partner’s background.
6. In the past, most corporate and law firm news was distributed with lots of text and an occasional photo. Today, law firms should also be thinking about creating high quality audio and video for the media, just as many are already doing on their websites to enhance recruitment efforts. Of course, what used to cost thousands of dollars in a production studio can now be done in your office -- but lawyers should rely on experts in media presentation and message development so they come across effectively.
7. Until a few years ago, getting information about a reporter if you were not in the news business could be a challenge. Today, many reporters have Facebook and Twitter pages and profiles on LinkedIn. Many media outlets now are using their websites to better inform readers about their staff. (Note: The New York Times, for example, has a Q&A from key editors who answer questions from the public about how they gather news) and the Times has also added short profiles of their beat reporters.
8. Reporters today are being asked to do more with less. Some who used to have one “beat” now have two or three. Others who years ago wrote one story a day, now must update that one story two, three or four times a day to keep up with the latest developments and get them online quickly. You might say that all reporters today operate like wire service (AP, Reuters, etc.) reporters have always worked. That means deadlines are very tight and not as much time is given for lengthy interviews and extended quotes. Therefore, lawyers need to continually learn to speak in sound bites, particularly on breaking news stories.
9. Reporters are doing most of their research online. So, for example, if they need a land use attorney, they might look to your well-read blog, particularly if you just posted commentary on a key decision they are also writing about.
10. Potential clients, particularly those under 30, get most if not all their news online. That creates great opportunities for lawyers to reach prospects and current clients by spreading their firm’s important news across the digital landscape: LinkedIn, Twitter, Facebook and Digg are great places to start.

While technology and the economy has changed news operations forever, some things haven’t changed. Reporters and editors still want “scoops” or “exclusives” and will usually do their best to ensure accuracy and fairness. Keep in mind that journalists see their role as the public’s eyes and ears and therefore will almost always seek more information, not less, particularly when there’s an opportunity to report on sordid allegations, perceived or real injustices, and illegal or unethical behavior.

Law Firm DLA Piper Severs Relationship With Dick Armey Over FreedomWorks' Fireworks

Dick Armey's resignation from law firm DLA Piper raises some interesting issues about law firm reputation. The former House Majority Leader left the firm late last week after questions were raised publicly about his position as chairman of FreedomWorks, the "grass roots" organization that has been accused of helping to orchestrate numerous angry outbursts at town hall meetings on the healthcare legislation debate. FreedomWorks' website says: FreedomWorks' aggressive, real-time campaigns activate a growing and permanent volunteer grassroots army to show up and demand policy change.

Most law firms are diligent about identifying conflicts when deciding on client representation. But when law firms have the opportunity to attract a high-powered, highly visible former government leader -- as DLA Piper did some six years ago -- they can sometimes overlook potential problems/conflicts that can harm the firm's reputation. 

Lawyers have always been involved in and at the forefront of politics . However, in the Internet age, it's much more difficult for attorneys to keep outside political/grassroots lobbying activities separate. The media's easy access to online databases (such as detailed information about individual political contributions) and other websites makes the task of keeping things quiet and separate even harder. 

Many attorneys also hold important leadership positions in their communities and in multiple national/international organizations. It's a centuries-old tradition of the profession and many are great humanitarian and pro-justice causes.

But law firm managing partners and executive committees need to ensure they have ironclad early-warning systems  to detect controversial issues that might arise from those organizations and that might be detrimental to the firm.  Once a firm has identified a problem, it can develop a communications strategy to aggressively counter negative media coverage and other public criticism that might show up online. These criticisms can, of course, wreck havoc on a firm's positive search engine results and remain on the Web for years. 

Law firms also have rushed out hastily-worded press statements that appear overly defensive or that are filled with legal jargon that don't help the firm's image at all. An internal strategy to deal with these issues in advance will go far in defending the firm's reputation in the eyes of clients and prospects.

Finally, every firm should have a crisis communications plan that takes into account a wide variety of scenarios. The participation of attorneys in controversial --or even hostile organizations  -- should be listed as one of those scenarios. 

K&L Gates, LA Fitness Now Have To Cope with Aftermath of Tragic Shooting

Law firm K&L Gates now has the tough task of calming employees shaken by news that one of their employees went on a shooting rampage that left four dead, including himself, and injuring nine others.  

So far, the firm has handled the crisis well by bringing in on-site grief counselors and issuing a statement:

 "K&L Gates is deeply saddened by last night's events, and offers its condolences to the families and friends of all who were involved in this terrible tragedy."

LA Fitness also issued a statement on the homepage of its website:

"Each of us in the LA Fitness family are shocked and saddened by the senseless act of violence against our members and one of our employees at our Bridgeville Club in Pittsburgh on the evening of Tuesday August 4, 2009. Our thoughts and prayers are with the victims, their families and friends. We are working with local law enforcement as they conduct their investigation."

Law firms, like all businesses and organizations, must be prepared to communicate effectively with all critical audiences when tragedies strike. 

That means some basics: 

1) Having a crisis communications plan that is readily available on a moment's notice

2) Designating an effective spokesperson

3) Drafting press statements as templates for a wide variety of crisis scenarios

4) Making sure that someone is monitoring the Internet for what's being said about the organization and deciding how to respond

As LA Fitness and K&L Gates continue to deal with this crisis in the days and weeks ahead, it may also provide an opportunity for the two organizations to show solidarity. For example, they could do something in the community that will honor the memory of the innocent victims and educate young people about senseless violence.

"Yesterday" Can Come Suddenly for Law Firms

Like I do every morning, I check Twitter to see what's happening in the world. Today someone Tweeted and linked to story about a law firm partner's alleged crimes. Since I lecture and write regularly about crisis communications and law firms, this would naturally be a story of great interest. 

To my surprise, the story was from 1994. Yet it has lived on virtually for 16 years!

The lesson here is that there is no longer anything known as yesterday's news. 

An old story can suddenly show up on the Internet -- thanks to Twitter and other social media sites -- and continue to damage a firm's reputation. This can also wreck havoc on a firm's positive search engine results.

I don't know why this person decided to post such an old story. It could have been an honest mistake or that person might have had an axe to grind with this firm.

Either way, it's a lesson for management and legal marketing staff to track all negative stories -- even from decades ago -- in what should be a continuous effort to protect the firm's reputation.

5 Things Law Firms Can Do To Participate in Social Media

Many law firms are notorious for playing "follow the leader" when it comes to taking bold actions regarding public relations, marketing and now social media.

So here are 5 ways a law firm can easily start engaging in social media that can ultimately lead to business:

1- Get all partners signed up on LinkedIn. Start/join LinkedIn specialty groups and begin participating in the many online conversations that can help build relationships. Seek out the firm's alumni as well and invite them to your network.

2-- Sign up for a Twitter account even if you don't yet "Tweet."  Just securing your name for future search engine results will help in the long run.  What's great about Twitter is that it takes just seconds to share useful information with clients and prospects -- and it doesn't even have to be your own. Think "Retweet" to get started. Don't know what to post? Start with key court decisions, new legislation/regulations and news items that are closely aligned with your practice or industries served.

3-- Create a Fan page for your firm on Facebook. This may not be for BigLaw but has great benefits for small firms in smaller cities and suburbs where "community" still matters.

4-- Repurpose your existing blog or start a new blog on a niche subject...then share the permalinks of your best blog posts on LinkedIn, Twitter and Facebook.

5-- Create a YouTube account. Even if you're not ready for prime time, this is a great way to quickly upload video from your best and most recent speaking engagements.

Does Patton Boggs' Spokeswoman Speak for Karl Rove?

Law firm spokespeople might find it interesting that Patton Boggs' spokeswoman, Rebecca Carr, is now advocating for the firm's client, Karl Rove. Carr was interviewed about the former White House Chief of Staff's questioning by a federal prosecutor at the law firm last Friday concerning the firing of U.S. Attorneys during the Bush Administration.

Here's her quote from the Associated Press story that ran over the weekend:

"He has nothing to hide and plans to answer any further questions" the prosecutor might have, said Rebecca Carr, a spokeswoman for Patton Boggs, the law firm where the meeting took place. Rove was inside the law offices for about five hours.

Carr said Rove "fully cooperated in trying to answer all of her questions."

"I don't think it was a confrontational interview," said Carr. "I think he was trying really hard to work with them."

Rove's attorney is Robert D. Luskin. It seems to me that Luskin should be speaking directly for his client, rather than utilizing the firm's spokesperson. 

 I question the wisdom of a spokesperson saying "he has nothing to hide."  That could give the opposite impression to many readers.  It would have been sufficient to say Rove " is fully cooperating with the investigation and is answering all the prosecutor's questions."

Carr also said the she thought Rove "was trying really hard to work with them."  Unfortunately, that does not instill great confidence that Mr. Rove was fully cooperating. 

Sometimes law firm spokespeople need to be interviewed on behalf of the firm's clients. 

However, in this case,  Ruskin -- instead of the firm' spokesperson -- should have made himself available for interviews around such a high-profile client.  

With Carr's staunch defense of Rove, the firm as a whole is now clearly associated with him going forward. That may be fine for Patton Boggs, which makes no secret of its ties to the Bush Administration. But it could cause the firm a reputation problem when seeking other business. 

Law Firm Layoffs in 2009: We Love You But Can't Afford You

When the dust clears, February 2009 may go down in legal history as the month when more lawyers and legal staffers lost their jobs than at any time before. (See roundup by The American Lawyer here.)

More law firms are beginning to understand the reputation issues involved in making these awful annoucements -- and one major firm even jumped the gun by going public and saying something to the effect that "by the end of today we will be terminating X amount of attorneys and staff." As much as I advocate for getting the bad news out early, it struck me as insensitive and wondered what people in that firm had to be thinking sitting at their desk that morning and wondering if they would get a pink slip.

It's always best to talk internally first about any difficult issue before going to the media. But the Internet and certain legal blogs have changed the rules of the game. Memos from the Executive Committee announcing layoffs are constantly showing up on influential legal blogs, often before everyone in the firm has opened their electronic mailboxes.

It's better for law firms to be more accessible about the state of their respective economies, if only because if they are not, the media will usually find out and then take control of the story. And that can often bring additional harm to a law firm's reputation.

Timing a layoff announcement is tricky...hold off and you run the strong risk of it getting leaked and  the firm losing control of the message and the story. Put it out early or on a certain day...and the firm might be the only firm with a layoff announcement that day, thereby making it a larger story instead of being included in a "roundup" piece that includes many other firms with similar announcements.

Either way, firms must be able to clearly explain why the layoffs were necessary, be sensitive in every way to the hurt feelings of those let go, and reassure clients that the firm remains strong for the future.