What I do ...

I am a public relations executive, who just happens to be a lawyer. So if you have a story to tell, I help you tell it. Whether or not you have a reputation, I help you build it and enhance it. If you have business goals, I help you achieve it and if you are looking to build trust with key decision makers, I help you build it. I also,

• Inform legislators and regulators;
• Engage stakeholders;
• Empower people;
• Notify employees;
• Create trust;
• Mobilize a community;
• Re-assure a public;
• Change behavior;
• Share a story;
• Develop relationships; and,
• Suggest action

Hiring PR Counsel and Working with Lawyers

Hiring PR Counsel

1. Have the lawyer retain the PR firm as opposed to your client directly, to try to preserve attorney-client privilege.
2. The public relations counsel should consult with both the client and attorney at every step of the process.
3. Once a public relations firm is engaged, they will, depending on the strategy: help with messaging and identify the appropriate media to communicate those messages or even act as your client’s spokesperson. They also should monitor the media and find ways to enhance, protect and further your client’s reputation.
4. The best PR counsel comes from a lawyer who practices PR

5 things to communicate in a crisis

CRISIS MANAGEMENT TIPS

don’t say anything you couldn’t or wouldn’t say in court, and  just sick to the facts

For example:

• The claim, offense or defense involved
• Information contained in a public record
• That an investigation of a matter is in progress
• Undisputable facts

A litigation communications plan blends both legal expertise and media savvy, by helping to frame messages during the litigation to help preserve, protect and enhance the reputation of the parties. It also helps to monitor what others are saying about the case and the company and works to control the message, address concerns and build relationships to help the company emerge from the litigation with its reputation intact. An effective litigations communications strategy, works to enhance legal efforts by providing clarity on complex legal issues, before and after litigation. The goal of litigation communications is to guarantee that the client's public image is completely aligned with the legal team's efforts and strategy, while ensuring the company's message is understood outside the courtroom.

5 tips in creating a social media policy

1. Protect intellectual property. Never place proprietary information on-line
2.  Respect copyrights and fair use. Always give people proper credit for their work and make you have permission to publish something.
3. Be responsible for what you write. Avoid language that could be considered defamatory, harassing or indecent. Before you hit send, ask, "Do I want my mom to see this?"
4.  Bring value to the discussion. To build a following you need to bring something to the table so make your contribution significant and meaningful.
5.  Be open, honest and authentic.Include your name, if appropriate the company and make statements in complete disclosure of any potential bias.

five tips to protect your reputation on-line

1. Monitor On-Line Chatter. Create Google-Alerts and Twitter-Alerts for your name, company’s name and top leadership.
2. Employ free other services to monitor to monitor your reputation such as: Hootsuite, Alexa, Social Media Mention and others.
3. Know the influentials and who most people listen to in your industry.
4. Engage the community. Just as you do off line, keep those on line engaged in what you do and build support.
5. Be open, honest and authentic. Include your name, if appropriate the company and make statements in complete disclosure of any potential bias.

Lawyers as First Responders

Companies today are under a lot of pressure despite potential threats such as ethical violations, financial market rumors, activist campaigns, class action lawsuits, accidents and natural disasters that could undermine a companies ability to operate, let alone compete.  Civil litigation, criminal prosecution, corporate governance, privacy, M&A, bankruptcy, regulatory actions, investigations product liability and recall, just to name a few, all require effective ways to prepare and respond to minimize risk and any potential damage. It takes years to build a reputation and only seconds to destroy it.  In today’s economy, one’s reputation is their one distinguishing virtue by which a company can compete.  Yet, disasters come unexpectedly. News breaks today in a Tweet. It comes so unexpectedly, usually with some warning but a warning we often ignore or fail to prepare for.  From an undercover investigation by a local news’ crime stopper, to a disgruntled employee spreading rumors about your company or product over social media we all are at risk and vulnerable. Knowing where you are vulnerable is the first step in any crisis management plan. And if you know where you are vulnerable, you can change what needs to be changed.

If you don't and a crises ensues, at least know who to call. The first outside professional to get that call is typically a lawyer.  By sheer nature of the profession, lawyers have become known as the first responders to crises.  If a client gets into the trouble, they are instructed to call their attorney immediately.  Therefore, lawyers need to know how to respond. When a client calls in a panic telling you that there is a news truck parked in their driveway or a reporter is sitting in their lobby, you need to act, address the issue and remain strategic in protecting the client.

For example, when a crises occurs we should respond and not react. As the first responder the lawyer needs to know how to respond.  First, evaluate the situation from the balcony.  Take a big picture view, not as a lawyer but as someone who is removed from the situation.  Strategic counselors remain strategic when they are not directly engaged in the situation.  They are better able to advise their clients as to how to respond in a quick, credible manner allowing the one dealing with the crisis to remain confident and decisive. In fact, keep in mind the following:

• In communicating with those that matter most, such as employees, customers, venders and the public, it is important to know what you will say.  These key messages are the messages that assures the pubic your client is on top of the issue, is engaged and responsive.
• Next, identify the media and appropriate media channels to communicate.  How will your client’s message be communicated?  Through the newspapers? If so, what is their lead time and which reporter will you contact.  Is it important enough to get it on line?  Who follows your clients on Twitter and is that the best way to communicate.
• Become familiar with a few public relations firms or media savvy individuals that can help you in an emergency, that knows the reporters that need to be contacted and the process by which they want to be communicated with.

The good news is that crises can be prevented and the damage from those that aren’t can be mitigated.  Lawyers should encourage their clients to plan.  In fact, plan for the worst, yet hope for the best.  Think of any scenario that could ruin a business or damage a reputation and plan. If you can't, than just know what to do should you get that call.

Managing Political Risk in an Election Year

There are some things we can control and others we cannot. But we are all susceptible to risk. Some are natural, like the Tsunami that ravaged the pacific, the Quake that destroyed Japan or the Tornado that ripped through the south. Others are economic, such as the credit crises or the recession.  While others are political. While we may not know when we will be hit by a crisis, we can plan and prepare for them by monitoring the news, engaging our business, political and economic leaders, meeting with our employees and vendors on a regular basis and talking to others to  see where are vulnerable. With 2011 now behind us, we need only look forward, yet a new year brings new crises. In fact, on January 3, Iowa voters will turn out to support their candidates for the GOP Presidential nomination and so beings a year of extreme political risks. Candidates will say anything to win a vote, promise to make key decisions without the advise and consent of a Congress, while we have a Congress that will delay important issues only as to avoid any political fall out, leaving the issue yet again for another day. As business owners, we need to be mindful of the politics behind the policy, the issues behind the people and the issues that affect our bottom-line and ability to build a sustainable company. It is our job as business owners to ask the candidates the difficult questions about job creation, business development, creating a sustainable economy, long term solutions over short-term fixes and holding those that we elect or that are elected, accountable for improving our economy.

However, with all these uncertainties, it is important to identify and asses risk across the country. Public affairs plays a vital role in identifying, managing and avoiding risks.  Public Affairs professionals can spot risks that may be overlooked. They are familiar with the big picture, know the politics behind the issues and the key influences behind them. Public affairs professionals are able to offer a company a broad view as to how they fit or could fit into the big picture and where risks may exist now or down the line, so companies a can better prepare and plan.

They can also communicate the companies key messages to key decision-leaders and influencers in the political sphere, as well as to the public through the media. Companies can mitigate risks by improving stakeholder-relations with government leaders and through community engagement. Risks can emerge whenever decisions are made.

A New Year and an election year is the perfect opportunity and excuse to become more engaged in the political process, and develop deeper relationships with the candidates or elected officials. It will help a company protect and enahnce their reputation in the media and before the public, while raising awareness for the products or services it provides. To begin, we suggest:

• Building relationships before you need them
• Monitoring legislative, regulatory and political action
• Attend fundraisers for candidates you support -- not to win influence but to develop relationships and expand your network
• Talk openly about the issues that matter to you personally and to your company
• Invite candidates to visit you in your office or plant to see first hand the work you do, the jobs you create and the benefits you provide to the community

Public Engagement and Media Relations When City's Are At Risk

The City of Detroit and State of Michigan are at a precarious position as the state looks into the city's finances and talkcontinues about the potential of having an emergency financial manager appointed.

As the talk continues the mood in Detroit has taken a sudden turn back to the "us vs. them" mentality that "only Detroiters can solve Detroit's problems".  To avoid creating an environment that will get in the way of progress and to help build political capital for the Mayor and the Governor, I strongly suggest that as part of the process for triggering a state review of a government's finances, a strategic communications plan and community engagement process should begin simultaneously to create a positive environment to make the necessary changes.  I recently wrote an article on how companies can preserve their reputation in a wake of bankruptcy.  The same strategy applies for a public entity.

For example, before an EFM is appointed or even before the triggers are pulled to start the process, the Governor and his team should be mobilized to the City of Detroit to meet with key stakeholders, such as:

• Business organizations;
• Community development organizations;
• The faith-based community;
• Detroit-based CEOs; and,
• Urban media

To explain why the state "may" jump in to help the city with its financial situation. This is to set the tone and set the record straight as to why we have this process, the steps we have taken thus far (including regular meetings with the Mayor) and what the next steps will be. It also will help maintain relationships and create open channels of discussion and dialogue.

The Governor should also find third party supporters, such as members of the clergy and business leaders, to validate the process to Detroiters so that they know that this is the right choice both the City and the State are making.

Then should the Governor appoint an EFM, along with that appointment, a person that is familiar with the media and political landscape should also be appointed to help the EFM navigate the local political environment and serve as the liaison to the community, as well as be the one to respond to the media and help represent the EFM at various community events.

Community engagement should be a part of the EFM process under the Act. Then having someone outside the Treasury Department respond to the media also can go along way in maintaining relationships in the city's EFMs operate.

Finally, having an EFM come into a community should be seen as an opportunity for a city to experience a fresh start and a new beginning.  As a result, while the EFM works to make a public entity financially stable and secure, the communities chamber of commerce, DDA or other community groups should create a strategy to enhance  the city's image. That way,  when an EFM's work is completed and the Mayor or Superintendent are given the responsibility once again to manage the public entity,  their image will not just be maintained, it will be enhanced due to a strategic communications plan.

Daniel Cherrin is an attorney specializing in protecting and enhancing the reputation of people and organizations and practices in the areas of public affairs, strategic communications, public policy dispute resolution and crisis management, with Fraser Trebilcock. He is the former Communications Director for the City of Detroit and Press Secretary to Mayor Kenneth V. Cockrel, Jr.  Daniel also serves as the spokesperson for Mackinac Island and The Ann Arbor Art Fairs.

From oil spills to government inquiries and hostile takeovers, crises can be avoided

Avoiding and dealing with potential crises is critical to an organization’s success.  Successfully identifying, mitigating and managing risk in today’s business environment calls for a team of business-savvy and experienced legal and PR professionals with the insight and experience to create effective and immediate solutions in such a volatile market. Food, cosmetics, pharmaceuticals and other consumer products are increasingly being subjected to product recalls. A recall attracts attention, affects the manufactures reputation and could result in litigation or even a class action lawsuit. And public officials are also vulnerable, not just in how they are governing, but in how much they know about what their top advisors are doing as well.

In this mobile age, where news is distributed as it happens, reputations that took years to create die in an instant. Attorneys are the first responders to help minimize the risk and help their clients  respond or react.

News today does not break in the morning paper, it happens in the blink of a tweet. That’s where the traditional news gets their news. People trust the opinions of their peers rather than a reporter reading a teleprompter. Even news anchors ask for opinion over twitter. As a result, what would have been a minor news story that went away over night, now becomes a national phenomenon that is being discussed on the Tonight Show, The Colbert Report or on Perezhilton.com.

How can companies protect themselves in the age of mobile media? How can they be prepared to respond for the next crisis? What can they do to avoid a crises. How can companies keep up on the instantaneous news cycle?

Lawyers are uniquely positioned to deal with crisis and only one firm in Michigan is experienced to handle the media. Learn from our experience. They can help you avoid, manage and recover from very difficult situations.

Lawyers with experience in working with the media, can work with in-house and outside counsel to help develop an effective communications strategy that supports any legal strategy.  They should work with organizations to manage every aspect of a crisis, from initial response to corrective action, investigations and if needed, representation during civil and criminal and legislative actions.

But the best defense is a strong offense. Knowing where an issue can bubble into a problem, knowing who to go to in the media to help share your story and who among your friends, colleagues, co-workers and clients you can turn to for public support and advocacy, can go along way in minimizing any crisis that gets out of your control.

Cutting through the clutter

This week marked the official kickoff of the 2012 Presidential Election. From now until August 2012, we will be bombarded with candidates announcing their candidacy, being critical of each others policies and otherwise complicating the issues that are now before Congress. This already in an age where we are bombarded with information. So much information that we just don't know what to believe. WorldPublicOpinion.org, a project based at the University of Maryland, conducted a study that found "strong evidence that voters were substanitally misinformed on many of the issues prominent in the (2010) election campaign."

Congressional Quarterly featured this issue in this week's edition of CQ Weekly. Despite having access to a lot of information, what this study and a recent CNN-Opinion Research survey found was that there is still a knowledge gap of how much we know what goes on in government and how it impacts our lives. In fact, according to the survey, we do not have a clue about which level of government (local, state or federal) does what and for whom. In fact, according to the CQ article, "President's get blamed for local problems, mayors for national problems." In fact, I would get calls almost every week from Detroitiers when I was the Communications Director for the City of Detroit and Press Secretary to former Mayor Kenneth Cockrel, Jr.  about issues out of the realm of local government. Also, as a  intern for William D. Ford (Ann Arbor) in the 1990's, I would get calls from constituents wanting their street lights fixed.

So as we being a new election cycle, it is important to know what issues are important to you and who is responsible for those issues at either a local, state or federal level. It also is important to reach out to those people and offer your opinion and solution.

In addition, it will benefit you to have a relationship with those individuals so that you can help shape public policy. Retaining a lobbyist or someone who has the connections can prove to be beneficial to you as an individual or as a business. Lobbyists not only know the people involved, they know their personalities and politics surrounding issues. They not only know the policies, they also know the process and can help you navigate above and beyond the rhetoric, to help you achieve your business objectives.

For more information, please contact Daniel Cherrin at dcherrin@fraserlawfirm.comor visit www.fraserlawfirm.com.

Trust me, It’s Okay To Talk To The Media!

By: Daniel Cherrin In today’s media saturated environment, where we can share pictures or Tweets from our phone instantaneously with the world, that may even end up on CNN or FOX News, many clients will turn to their lawyer for advice, counsel and a response. So lawyers should have a basic understanding of interacting with the media, on line and off. In fact, in today’s litigious environment, legal issues permeate the headlines, placing brands and reputations at risk. Today, clients are demanding their lawyers not only defend them in a court of law, but also in the court of public opinion.

I am speaking before the Detroit Metropolitan Bar Association as a featured speaker during their monthly Drink n' Learn Happy Hours on the subject of media relations and the law. Here is a brief summary of my remarks:

It’s okay to talk to the media If the media is interested in your client’s story and you or your client avoid talking to them, then someone else will, and chances are you will not like what they have to say. As attorney’s it is okay to talk to the media. Just watch what you or what your client have to say and know why you are saying it.

Stick to the facts Try to stay above the rhetoric and stick to the facts of the case without revealing your legal strategy. Use the media as an opportunity to gauge the public’s interest in this case and perhaps test certain messages.

Our Top Tips For Working With The Media

• Know why you want to talk to the media & who to talk to – It should not matter whether a reporter calls you or you call the reporter. In representing clients, attorneys should look at thee big picture and see how a legal problem could quickly become a PR problem for their client. Therefor, in engaging with the media figure out first, what you hope to achieve in talking to them. Then understand who their audience is. Be familiar with their latest story and angle. Go on their website, perhaps they have a blog or check them out on Facebook, Linkedin and Twitter. This will help you craft the appropriate messages that resonate with the right audience.

• Know what you want to say – Once you know why you want to approach the media, and who the audience is, know what you want to say. Have a few key messages written out that you want to convey to the reporter and think of a few questions they may ask -- and be ready to respond. It is important to have three or four key messages that you want to make sure you get across to the reporter. These are the messages you should stick to throughout the interview.

• What not to do with the Media -- Never say “No Comment” or “Because a lawsuit was filed we cannot comment on active litigation.” Instead say something more general and stick to your messages, or “I can’t tell you that now, but what I can tell you is..." Don’t repeat a negative question or phrase. If you do, it may be attributed to you. And whatever, you do, stop using legal jargon or technical lingo – we don’t want to hear it.

• During the interview – Think of it as a debate not a conversation, unless you are on Oprah

As much as we want to be everyone’s friend, remember, a reporter has a job to do and so do you. In fact, the reporter may be using the interview to gather information or to find a story. Therefore, stay on message, don’t get diverted from the topic at hand, correct any misinformation, only answer the questions asked and remember who you are talking to and who they work for.

• Don’t hide anything you don’t want them to find later. When speaking to the media be concise and thorough and tell them everything that you can with in reason. You do not want them finding out information on their own and then confronting you when you are not prepared to answer their questions. In addition, don’t panic if you are asked a question during an interview that you do not know the answer to. Be honest and tell them that you do not know the answer but that you would be happy to look into it and get back to them. Never attempt to make something up and never lie.

• “Off the record” or “For background only” – As a general rule, if you don’t want it in print then don’t say it. However, an ethical reporter will respect what you are trying to say and will work with you to make sure what your saying is accurate. It helps to know the reporters covering the issues you are working on and have a good working relationship with them. It also helps to not be confrontational and to respect them for having a job to do and that you want to work with them in preparing their story.

• Timing – Just as a lawyer sticks to deadlines prescribed by the court, reporters have deadlines to keep and times they need to either file stories or air them. You will develop better relationships with a reporter if you are sensitive to their deadlines.

• Preparing for an ambush – If a reporter catches you by surprise, stop in your tracks, address the reporters questions (you can be vague if you want), then let them know that you have another commitment and that you will get back to them by their deadline. If a reporter calls by phone take their message, find out what they want and when their deadline is, and get back to them in a timely manner.

• Anything else? – This is always the last question in any interview, so be prepared to summarize your key messages; say anything that you forgot to say before; or clarify any statement that needs further explanation.

• Monitor the media – Know what is being said about you, your clients, your firm and your industry.

Social Media Tips Social media is becoming more than a tool for us to stay in touch with our friends or family, it is becoming a new area to look out for our client’s interests and/or a new medium to promote our practice. It also is our opportunity to control the message and to clarify misinformation. However, interacting with those using social media sites, such as Facebook, Twitter, LinkedIN or YouTube, is a little different than working with the traditional media. Therefore,

• Know the influentials – There are millions of people using a variety of social media sites everyday. Know who the ones that are followed the most and what to see who is following them.

• Monitor the chatter – Once you know who to follow you should monitor the chatter. Listen to the tone of the comments and questions and participate where appropriate. A good way to monitor the media is to create Google Alerts, Twitter feeds or Facebook updates. Even if you don’t join the conversation, be aware of what people are saying about your company on different social media platforms.

• Engage the community – Once you are able to gain an understanding of social media and how it works, go ahead and begin to engage the community. However, in using social media one’s credibility is gained through transparency, honesty, relevance and value.

Daniel Cherrin is the former Communications Director/Press Secretary for the City of Detroit and to Detroit Mayor Kenneth V. Cockrel Jr. He is now the Managing Director of Fraser Consulting – a Lansing based Public Affairs and Government Relations firm, and an attorney and Director of Marketing for Fraser Trebilcock. You can reach Daniel at dcherrin@fraserlawfirm.com or (313) 965-9039 or follow him on Twitter @DanCherrin.

Creating the infrastructure in developing stratregic relationships

Is it really true that it is not what we know, it is who we know?  When I became the Communications Director for the City of Detroit and Press Secretary to the Mayor, a client warned me, "Remember, people don't respect you in this role for who you are, they respond to you because of your title." He was right. I was the spokesperson not just for the Mayor but for the City and calls were returned immediately and action always resulted from those calls. But as a very public and senior government official I did not always know who was calling or why, so I approached each call cautiously, yet listened to see what needed to happen next. I also was accessible and responsive.

Back in the private sector, I built my practice and my reputation around relationships -- not necessarily the number of people I know, but around the quality I know them from. In the end, relationships are built around trust. In cultivating and foster relationships, it is important to create the infrastructure to support an external relations effort.  This includes:

• Creating an agenda -- What is your goal for reaching out to certain people and what do you hope to gain or offer when you talk with them?
• Set the organization's priorities - Based on your agenda, what is a priority and what issues can wait.
• Who do you know? -- Based on those priorities who do we need to know and who should we get to know....Are they running for election? If so, you need to familiarize yourself with the political landscape as well.
• Build the support -- Once you know what  you will talk about and to whom, you now need the supporting materials to help make your case. Therefore, you should develop the talking points and support materials to help you make your point.
• Know the politics -- In engaging elected officials, it is important to become familiar with the legislative, political and regulatory landscape....become familiar with their agendas and create a constant contact system to remain top-of-mind program for board members to engage your key targets.

A company also should continue to develop an ongoing media relations and PR strategy that engages its' core market in ways that positions the organization as thought leaders in the industry, trend setters and a go to organization for fulfilling a void in the community. Therefore, approach a variety of media, such as your local daily, The Huffington Post (which also covers more local issues), industry/trade publications and other media, while creating a blog through their channels or your own, to talk about your core issues. Based on your agenda and who you need to meet with, I would then create a calendar of must attend events or organizations to become familiar with and dedicate the resources for attending and perhaps sponsoring a few of those events.

Depending on your priorities and goals and the immediacy of both, in 2012, I would spend my time creating the infrastructure in developing relationships, while getting engaged in specific areas where appropriate. I also suggest joining relevant organizations where you can take an active role to learn the ropes and eventually take the lead.  Then in 2013, you will be more comfortable and confident in a more active and involved engagement strategy and help further your organization's goals. In 2012, business will continue to be built around relationships and trust. So it is important that you start today in identifying those relationships you want to build.