A Media & Communications Checklist for Savvy Attorneys Sue Evans, Northwest Media Allies

Understand the fundamentals of communications: your goal drives strategy and tactics. Media, social media and marketing are tactics, not strategy. For most attorneys, the goal is to secure a strong result for their client. The second goal is to generate more referrals.

Start planning your media strategy when you sign your client. Make sure you understand early on what your clients want. Some clients are passionate about sharing their stories. Others prefer to maintain their privacy. Your job as an attorney is to comply with your client’s wishes throughout the litigation process.

 

 Screen your clients. Attorneys must work with real people and real facts. Does the client profile inhibit the case facts? Do the case facts hurt the client profile? Not all clients cooperate. Not all facts favor clients. Not all family members in a case agree on a media strategy. Make sure you understand how your client’s profile and case facts will impact the media strategy.

 

 Budget for marketing and media relations on high-profile cases. High-profile cases attract the media and drain law firm time. It’s inevitable. Maybe the client and the attorney don’t want the spotlight – it won’t matter. Either way, the cost is time. Plan for it. Get estimates from local media relations professionals on what it may cost to assist you in managing the media for you and your client.

 

 How to prioritize media strategies for a high-profile media case

 

 The press conference – The press conference is reserved for high-profile cases that already have a media following or will undoubtedly generate a media following. A press conference allows attorneys and their clients to address a large volume of media traffic at once in the span of 30 minutes. Press conferences are best suited for cases where clients want to actively share their story with the media. Clients and attorneys will need to be prepped with an event script, talking points and press handouts for the press conference. Attorneys should hold a press conference on the day the case is filed, settled or a verdict is rendered. Press conferences are expensive and should be reserved for big cases.

 

 Media availability – Designating a time for media availability is an effective way to handle a large volume of media traffic when the client does not want to be involved in the media process. Attorneys handling the case can make themselves available to answer questions and release a statement about the case at a designated time quickly.

 

 Distributing a press release – Attorneys and clients may want to distribute a press release and forego hosting a press conference. This enables both the attorney and client to drive the message around their case while minimizing costs to the client and involvement of the client. Press releases should be distributed on the same day a government claim is filed; a lawsuit is filed; a lawsuit is settled or a jury verdict is delivered. The media does not appreciate receiving press releases long after a case has been filed or settled. It is also important that press releases be sent to the appropriate reporters and editors. Sending press releases to the wrong media outlet, wrong reporter and wrong editor can hurt a law firm’s reputation with the media. Do not send out a press release every time you file or settle a case. Reporters and editors will quickly tune you out. (There is no such thing as the “embargoed” press release. Once you release the information to the press, consider it public.)

 

 Pitching an exclusive – Pitching a media exclusive helps attorneys get ahead of the media storm to ensure a client’s story is told in a preferred framework that favors your client. It gives the reporter and editor more time to investigate the details of your case. Reporters and editors are more likely to give the case a big spotlight from their outlet if they have the exclusive rights to tell your client’s story first. Pitching an exclusive is often the best option when dealing with controversial or complex litigation. Only attorneys and media professionals who have built trusted relationships with key reporters and editors should pitch an exclusive on a client’s case.

 

When to avoid media – Obviously when clients don’t want their profile in the media, then attorneys should not take steps to generate media. However, if attorneys believe a case is likely to garner media attention anyway, attorneys should prepare talking points or a statement on the case that can be released to the media if necessary. It’s better to be prepared and have a short statement available than to scramble with a reaction or simply say “no comment.” If attorneys believe the client’s profile may hurt the case or that the case facts are controversial or complicated, a law firm may want to consult with a public relations firm for advice on how to proceed before the case is filed. Do not wait until the day before you file the case to ask for professional help.

 

 A word on filing government claims – Major newspapers and television stations routinely check for claims filed against local governments before the case is filed in court. In Washington, government claims require attorneys to provide an estimated value of the claim. The media often relies on these forms and will mistakenly report that clients are demanding this amount to settle their claim. Not all reporters and editors understand that a jury or judge ultimately decides the value of a case if it is not settled before trial. It’s important to educate the media on this important fact:  citizens as juries have the last word.

 

 How you write your complaint brief can impact how the media covers your case. Attorneys either use form complaints or customized complaints to file a case in court. The media scours court filings in search of interesting cases to cover. Whether you want the media to cover your case, how you draft the complaint is likely to influence how the media frames your case in the headlines and on camera. Try to include as much factual information as you can. Many attorneys will go into great detail on a settlement demand letter, but scarcely cover the details in the complaint they file in court. More information in your complaint can help influence how the media covers your case. It is important to remember that complaints are public documents and hold much more power over how the media covers your case than a press release.

 

Prepare your staff and clients for the media. ALWAYS, ALWAYS direct your staff and clients to refer all media calls to your office or a designated media spokesperson so that you can coordinate media coverage as a team. You want to make sure your clients are on message and do not needlessly reveal details about their cases that could damage them. Make sure receptionists, paralegals, investigators or expert witnesses working on a case understand who is the designated media contact for each case. Attorneys and clients who will be participating at press conferences or media interviews should be prepped with talking points and media coaching.

 

How to respond to the media ambush. There is no such thing as a media ambush if you’ve done your homework and prepared your case for the media early on. As a rule, all clients should be instructed to refer all media calls to their attorneys – period. Attorneys should develop a plan for media that includes a strategy and protects the integrity of the case. If possible, attorneys should try and work with the media where possible and develop personal relationships with reporters. Be honest about what you can answer and what you cannot. Some helpful responses for reporter ambushes include the following:

 

 

1)    Let me get your name, media outlet, phone number and deadline and call you back ASAP. I’d like to pull up the case and take a look at it so I am prepared to answer your questions. Can you give me an idea of what you want to know?

 

2)    We are currently investigating this case and would be happy to discuss more details after we’ve completed our investigation.

 

3)    What are your questions? If I can answer them now I will. I may have to fact check a few things and get back to you. What’s your deadline and phone number?

 

 

A word on social media going viral………………………

 

Make sure your attorneys and law firm have accounts for Twitter, Facebook, LinkedIn and YouTube. You cannot impact social media if you are not a part of the social media stream. That means you need to be following relevant reporters, editors and media outlets that cover your issues and region before you file a case. Designate a law firm staffer to manage your law firm social media accounts. Do subscribe to a social media platform like Hootsuite so you can respond and track multiple social media streams at once. This is not a task you do on the day you file the lawsuit. This is a task that should be completed months in advance. It takes many months and time to build a following on social media streams.

 

 

Responding to comments on online media platforms and social media streams. Redirect hostile or misinformed comments to a statement, press release or favorable media story listed on your website politely. Do not argue, but simply redirect people to the facts like a press release on your website. Encourage clients to ignore online media comments and social media streams regarding their cases and inform them you are handling this for them. Too often, clients feel persecuted and obligated to respond to comments in a manner that could negatively impact the case. It’s not their job to respond. It’s the job of the law firm to determine the appropriate response.

 

 

Do not engage on social media about your case without a complete media strategy. Sometimes attorneys will engage on social media and online media before they have launched a press event or filed a case. Do not engage on social media or online media unless you have a complete media strategy for your case. Advise your clients that their social media accounts will be reviewed by media outlets if the media is covering their case. Attorneys should screen client accounts.

 

 

Build your law firm brand around your practice areas and expertise. Engage with opinion leaders, reporters, advocates and allies in the media and social media streams that share your values and reflect the issues of your practice areas. For example, attorneys should be targeting senior editors and reporters who cover the courts, social justice issues, public safety, health, government and specific industries of their practice.

 

 

Distribute your message about your case via social media streams. How often you do this depends on the social media stream. Since social media is an interactive platform, you drive the frequency of your interactions with followers and friends. Here are some suggestions: Post an interview or press conference about your case on YouTube once a day. You can post a Tweet about your case on Twitter hourly from 8 am until 7 pm. You can post on LinkedIn and Facebook twice a day. More if you have a high-profile case that commands attention. Hashtag (#) key words that mark the case issue and client name if you want to promote the case. Distribute favorable media stories about your client’s case on all streams as they emerge in real time. Educating the public about your client and case facts is an opportunity to educate the potential jury pool in your favor. Social media platforms like Hootsuite allow law firms to schedule social media posts throughout the day in advance. Nobody needs to stare at their social media streams all day to be effective on social media.

 

 

The rules of engagement for social media are slightly different than traditional media. Generally speaking, expect sloppier, mistake-ridden posts on social media streams because anybody can participate. Traditional media outlets generally have stricter guidelines about fact-checking stories. But in the age of social media, all media types (bloggers, Tweeters, Facebookers, online media, traditional media, etc.) are working harder to drive content out to the public faster and in real time. If you or your law firm mistakenly send out wrong information on Facebook, Twitter or LinkedIn, the general rule is to acknowledge the mistake and provide the correct information – not to delete the post. If you repost content from another party, you are expected to credit the author or source and note if you’ve altered the content. For example, on Twitter, if you modify a Tweet, you repost with MT (Modified Tweet) to acknowledge you’ve edited the original Tweet by another party.

 

 

Collect photos and video from clients early on.

 

Photos and videos of your clients help tell your clients’ stories. You may need them for a settlement-demand package or trial, not just the media, so do not delay in acquiring digital versions of old photos. Purchase a scanner to scan old photos if you do not have one. Train paralegals and staff to collect these items from clients early on and make sure you have a variety of quality images. You will want photos of property damage, crashes and injuries. In wrongful death and catastrophic injury cases, you will also want photos of clients during happier times to illustrate the impact of injuries or loss of life and relationships. Don’t just ask for standard family portraits. You want photos and videos of milestone moments, hobbies, sports, birthdays, graduations, weddings and births to capture your client’s narrative in an emotional way. The media always appreciates access to these kinds of photos. Open a Dropbox account so you can collect digital images quickly over the Internet with clients.

 

 

Communications planning builds brand ambassadors.

 

There is no such thing as a “media ambush” when you’ve done your homework. Build relationships with traditional media, social media, clients, allies and advocates – they are all potential brand ambassadors for your firm and practice.

 

 

 

 

 

Have you picked up the tab lately?

Like most people, I have a favorite spot I like to hang out at and drink with friends. We share stories, debate politics, discuss community events, swap recipes and gossip about celebrities. It helps define my day, my outlook on life and what I care about. My friends are generous with their time, opinions and information. And to top it off, they have always picked up the tab, until now. I always thought my wit and company alone would be enough to sustain their hunger and quench their thirst.

Lately, they’ve been greedy about sharing their gossip and asked me to pitch in for the tab and tip. I was stunned. Was it something I said or did? Turns out, they enjoy my company and insights, but just got tired of paying my way.

Ok. This never happened. But it’s how I think of newspaper paywalls when I hear people grouse about them. We’ve all been receiving a free flow of information from newspapers and journalists for years. While you might disagree with their strategy to save themselves by erecting paywalls to their content (labor), you really have not been asked to help pick up the tab for the past decade.

Maybe you will find new friends and a place to hang out and talk about the world. Maybe you will pick up part of the tab to keep the friends and lively conversations you love. You will ultimately decide. I’ve decided to help pick up the tab.

I have watched my journalist husband spend months and weeks investigating a news story that has changed the community we live in. I have watched him carefully select the words and write with a flair that has earned him respect and a following.

A good hunting dog with a strong prey drive will hunt on command. But sooner or later, that dog won’t hunt without a bone.

 

 

 

Trusting great journalism begins with a commitment to a truthful narrative

Trusting great journalism

I have been married to journalism professionally and personally for nearly two decades. My husband is a journalist. I used to be a journalist.

I don’t always agree with journalists, but I know I can’t live without them.

In February, I lost my college friend Anthony Shadid, a two-time Pulitzer winner for The New York Times. Anthony was my college peer at The Daily Cardinal back in the late 80s. Anthony was considered, by many, America’s most trusted ambassador to the Middle East. His loss is profoundly tragic. Anthony paid the ultimate price in journalism with his life, dying at the age of 43, succumbing to an allergic reaction to horses while covering the Syrian revolution. The majority of us, including myself, would never be willing to offer our lives in exchange for the truth. Anthony staked his life on it.

This week, Seattle learned that we have lost the online news outlet Publicola to another failed journalism business model. Josh Feit and Erica Barnett have been our faithful political guides every morning and afternoon in Seattle. We relied on them for the inside gossip as political junkies and on what really drives politics. Thankfully, Crosscut has adopted them.

While the stakes are different, I would argue that the aims of Anthony, Erica and Josh are the same. We need journalists, regardless of the evolving journalism venue or model, to report on their respective beats. Anthony was committed to telling human stories of  innocent civilians caught in the crossfire of war in the Middle East. In Anthony’s stories, these people were no longer objectified by the rhetoric of the U.S. State Department. They became human beings instead of rhetorical, faceless enemies.

I believe that all journalists carry the capacity in their hearts to understand the true human narrative. It’s why they became journalists. And it’s why I remain hopeful about journalism.

At the end of the day, we seek to understand each other. The measure of our truth is not in what we say, but in whom we trust to tell it.

On April 28, 2012, my Cardinalistas came together in Madison, WI, to honor Anthony’s legacy in journalism. These photos embody most of the people who crossed continents and borders to honor his legacy when his journalism dream began and ended. Anthony lives on in the hearts and minds of journalists who are committed to the human narrative everywhere.

 

 

 

Anthony Shadid – Journalism Inspired

I lost a college friend. The world lost one of the best journalists on the planet. His family lost a son, a brother, a husband, and a father. His name was Anthony Shadid.

The journalism world has been mourning his loss, but celebrating the ferocity of his talent and the humbleness of his human spirit. These qualities endeared him to the people whose lives he touched. There were clearly many.

We lost Anthony to an asthma attack while he was in the field in Syria reporting for The New York Times. It is a stunning blow to the journalism community. It comes at a time when journalism needs heroes.

Anthony was a two-time Pulitzer winner for The Washington Post and most recently the Middle East correspondent for The New York Times. His journalism colleagues throughout his life celebrated him for his human-centered prose, bravery and devotion to story telling.

Anthony escaped death many times. He was shot on the West Bank. He survived a kidnapping in Libya. His death was unexpected despite so many other times family and friends expected certain death on his dangerous reporting assignments. He was 43.

There are no words that can reconcile his loss to his family or to the world of journalism. He was a brilliant comet of light and energy that blew through our respective skies with decisive impact. I believe Anthony’s work renews hope for the embattled craft of journalism and how we think about the Middle East. It starts with celebrating people as human beings and sharing our stories and ignoring our borders.

My stalwart college friends from The Daily Cardinal at the University of Wisconsin-Madison have mourned his loss since we got the bad news. We all knew Anthony when his dream of becoming the world’s best foreign correspondent was a goal. We’ve been trading our favorite stories about him and reflecting on what his loss means to the world. When you lose a friend who offered and accomplished so much, you can’t help but examine your own accomplishments against the deadline of death. But in life, I believe Anthony beat that deadline with his work and big heart. He accomplished great things and inspired so many people in such a short amount of time.  I want to celebrate Anthony’s story with my own children. Owning your dream is achievable. Making a difference in the world is possible. Caring about people is critical. Compassion and understanding will inspire you. Loving what you do will get you where you want to go.

We all knew Anthony was destined for greatness when he was a college student. His journalism always came first. He scheduled girlfriends on his day planner in between learning Arabic, working at the Cardinal and correcting our errors.

Cardinal editors were elected by the staff. In order to win the helm, you had to win the approval of snarky upstarts who cut class to cover stories and competed for coveted bylines above the fold. But Anthony’s name was already branded on the campus editor job before he ran. His work as a campus reporter dominated the front page with the encouragement of Mark Pitsch, who is technically Anthony’s first editor.

Once elected, the pressure to be a great editor at the college newspaper was surviving the Cardinal’s Friday staff meetings. These meetings were reserved for reviewing the week’s worth of papers and calling out the good and the bad in story choices, writing, editing, headline writing, copy editing and story placement. The process could be likened to the decorum of the House of Commons, except the Cardinal allowed drinking, swearing and smoking. Applause was reserved for flawlessness. Jeering was reserved for everything else, especially the editorials.

I can honestly say, as a former Cardinal city editor, I cannot remember a moment in which Anthony was ever a victim of that process because his work was always stellar even then.

Even when Anthony pitched campus-desk stories as worthy of above-the-fold treatment, he was always gracious about it. He was generous with his knowledge and time back then. I believe his work at the Cardinal cemented that generosity for the journalists he groomed and helped along the way. I do hope that the University of Wisconsin-Madison recognizes how significant the Cardinal was to Anthony’s beginning and future journalists inspired by his work.

It was within this framework that Anthony began to build his dream.

I wish I could tell Anthony this story now. I love telling stories about my own mistakes because it brings levity to learning along the way. As a student reporter, I was dispatched to cover a protest march to the Madison Capitol (almost a weekly event). I was told the march would start near the Falafel stand. At the time, I honestly didn’t know that Falafel was a Middle Eastern dish, not a student group. I kept my ignorance to myself when I discovered my error. This confession would have made Anthony howl with laughter.

In this age of social media and blogging, where we search for trusted brands of truth, there is still no better source for news than journalists like Anthony. He put his life on the line to bring us stories you can’t develop sitting on the couch with an iPad. Anthony was a studied veteran, fluent in Arabic, who built his life on truly understanding the culture, history and politics of the Middle East. Anthony translated what mattered in the Middle East to the Western world in a manner accessible to everyday people.

His distinctive storytelling demystified the Arab world. In one way, Anthony was America’s best ambassador to the Middle East.

In one of Anthony’s last reports on Libya for The Times, he reported on the chaos in the wake of the country’s revolution from the perspective of everyday people.

“How can you change people overnight?” interrupted her friend, Naima Mohammed, who is also studying pharmacy. “It’s been 42 years of ignorance.”

Anthony’s life’s work was dedicated to abolishing the ignorance about the Middle East across the globe. He translated wars and revolutions with a human face. He spotlighted the brutal suffering and fears that simple humans faced at the hands of dictators and foreign invaders like the United States.

It is deeply disturbing that we have lost his voice at a time when the Middle East and Americans need him most.

There is only one peace in losing him. Anthony died achieving his journalism dream while challenging the world to think differently. His heart will now rest on the Arab sands that consumed it.