Media Relations for Corporate Counsel Association of Corporate Counsel (ACC)

What I am going to talk about The impact of news media Newsroom organization Proactive vs. reactive media relations Cooperation between legal and communications department Interview tips

The influence of news media “The first rough draft of history” – Phil Graham, The Washington Post

Media and reputation Public relations and media relations are important in today’s competitive marketplace: Editorial coverage garners better stakeholder attention compared to paid advertisements Media coverage resulting from public relations efforts is far more believable and credible than paid advertising, largely due to the public perception of media objectivity. A recent study by Nielsen, quoted in Forbes, suggests that positive editorial coverage generates up to nine times more visibility than paid advertising. Positive media coverage enhances a company’s work and its reputation in the business and wider community. Engagement with the press, as counsel, can help with public access to justice, the general reputation of lawyers and your company.

The newsroom

Newspaper structure

Proactive media relations Media advisories in advance of news conferences. Press releases announcing developments in your organization. Shorter announcements advising media that someone has joined your company. Proactively pitched stories. Op-eds that are secured and then drafted (these can include columns or letters to the editor).

Benefits of proactive media relations If you handle proactive media contact well you will gain two things: immediate earned media and progress towards building a relationship with the journalist. This relationship is not only important for building your organization’s reputation in the wider public, but developing positive relationships can help when handling reactive media relations.

Reactive media relations “Hope for the best and plan for the worst”

The speed of news

Crisis management team Top executives Public relations/communications staff Legal counsel Audit function Emergency management (depending on the incident) Operations personnel

What is the reputational issue? What is at stake? PR and Legal PR and legal should work together early on and should get a sense of the following: What is the reputational issue? What is at stake? How is the issue evolving? What obligations does the organization have to report to regulators and investigators? What are the liabilities? Who is authorized to speak to media?

How legal is seen as intersecting with media relations efforts

No comment

There are few exceptions to the rule of avoiding “no comment”. Any excessive delay in communicating will look like deception or evasion. The media can quote “no comment”.

Monitoring during a crisis Daily briefings of media coverage of the issue Briefings outlining media interviews that are scheduled and issues to be addressed Q&A documents Interview rehearsals Monitoring of court proceedings

The importance of preparation

How to field and interview/prep your spokesperson The legal department plays a role in managing public relations efforts, although they may not often be acting as spokespersons.

What you need if you are fielding an interview A clear idea of the weak and strong points Positive information Being prepared to answer the difficult questions Knowing something about the reporter you are talking to, the nature of the story he/she is working on and when his/her deadline is An understanding of what can be negotiated

Interview tips Prepare 3-5 key messages: Media interviews tend to fly by. Before you know it, you’ve answered a dozen questions without saying any of the things you wanted to say. To avoid this, identify 3-5 key messages in advance — things that, at the end of the day, you really want the journalist to know — and incorporate them into your answers.  

Interview tips (cont’d) Resist the urge to fill silences: Once you’ve answered a journalist’s question, they may pause to see if you have more to say. Don’t feel compelled to fill the silence if you are satisfied you have answered the question. Don't repeat a negative question. Repeating a negative or accusatory question reinforces the negative message. Instead, answer it briefly and bridge to what you want to say.

Don’t repeat a negative question

Interview tips (cont’d) Be interesting: Share compelling anecdotes and have a point of view. Use plain English: The vast majority of journalists are not lawyers, so do your best to explain things in a way that laypeople (i.e., journalists) can understand. Journalists say that this is a rare gift, so if you can do it, you’ll become a highly valued source. In most cases, journalists are not out to get you, they simply want your information and expertise. The best spokespeople are the people at the heart of the issues who can put them into context for readers.

Interview tips (cont’d) Provide context and a broader meaning: While facts and figures are good, it’s also important to talk about the broader significance of the topic, e.g., “What this means is…”, “What this means for Canada is…”, “What this means for the industry is…”, etc. Feel free to defer: If you don’t know the answer to a question, or if you want to do some checking before commenting, simply say so and then get back to the journalist as soon as you have clarification. Clarify the question if you need to. Don’t speculate.

Don’t speculate

Interview tips (cont’d) Understand that there is no such thing as “off the record.” Assume everything you say in the presence of a journalist is on the record. However, if you are being interviewed by a print journalist and you feel like something you said could be misconstrued, you can ask the journalist to repeat back your answer. Pay attention to your body language if this is a TV interview or if it is taking place in front of a live audience. Show sympathy and humanity.

Show sympathy

Post-crisis debrief Post-crisis debriefing helps an organization judge how well the plan worked. Means of assessment can include newspaper articles, radio and television transcripts as well as comments on social media.

Questions?