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.

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.

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.

The value of an apology

Saying I’m sorry or I was wrong is never an easy thing to do.  But in preserving your reputation it can mean everything.  Did we ever forgive Enron, Global Crossing, Worldcom or Madoff? ... We didn't, because the messages we heard were of blame and excuses driven by greed and arrogance. We know that no one is perfect. In fact, it is even okay to screw up every now and then.  If you do, just admit that you did and are working to restore our trust and making positive changes as a result of this experience.

We are all vulnerable to crises....So be prepared!

There is one time you are guaranteed to get public attention – during a crisis. Within seconds your corporate and individual reputation which took years to build can be tarnished. A crisis can occur in any organization at any time with devastating consequences. After all, it is the public that defines reputation, not the company. So as long as humans work there will be mistakes, controversy and blow ups .... and crises. We all know it can’t happen to us. But it can and happen when we least expect it. So how should we respond? And more importantly, what can we do make sure IT does not happen to us. Will we ever listen…greed, ambition and ignorance will give rise to scandal, intrigue and real life drama…..Government transparency and corporate governance further pave to make us each vulnerable.  The Internet allows us to expose misdeeds or blow the whistle to millions including employees, customers, vendors and others within seconds and with photos or videos.  Nonetheless, in every crisis there is opportunity (Chinese proverb).

The best plans don’t have automatic responses, but a number of questions for the crisis team to ask, include:

• What are the business goals in addressing this crisis?
• Who do we need to help?
• What information has been gathered?
• What don’t we know?
• Who can help us?
• What must we do now to protect our employees, customers and shareholders?

The company needs a set of messages that set forth the company’s position in what best describes its actions, its values and its approach (No more than three). Also, make sure any investigation is thorough and independent. And while it is important to communicate to the public through the media, the general counsel must make sure any response does not make the situation worse.

Preserving a company’s reputation in the wake of bankruptcy

*This article first appeared in the August 15, 2011 edition of Michigan Lawyers Weekly. In bankruptcy, there is more at stake than who gets paid first.

Should a company file for bankruptcy or even begin the discussion, it is important to address the public’s opinion as much as it is to deal with the legal issues.

After all, reputation matters.

Corporate failures today are front-page news. In the first quarter of 2011, 366,178 companies filed for bankruptcy. This was down 6 percent from those filed in the first quarter of 2010.

Today’s economy puts many companies and individuals in difficult positions where they must choose what needs to be done for their economic survival.

Should a company choose to file for bankruptcy, it does not mean they are going out of business or up for sale. In most cases, bankruptcy means restructuring the company to be smarter, leaner and more efficient.

An effective communications strategy provides critical information to key stakeholders at every step in the process and can help minimize risk. Therefore, managing the message as to how a company got to this point, what they are doing to address the problem, and what they plan on doing when they re-emerge are all critical to how people will perceive the company during and after bankruptcy.

In filing for bankruptcy, it is important to prioritize key constituencies and determine the best way to communicate with them. For example, communicating to investors or shareholders may be different in how you communicate with vendors or customers.

Investors want to know how sound their investment will be, if the company plans on staying public, and the plans for emerging from bankruptcy. Customers want to know if their warranties will be honored, where they can go for service or who they can call if they have an issue with the product or service.

Also, vendors want to know their place in all this — if they should continue with their current production or performance and if they will get paid and when.

In communicating a company’s approach to file for bankruptcy, it is important to carefully communicate the reasons why and possible outcomes as to avoid any misunderstanding of the company’s true intention. As a result, transparency and honesty in one’s financial situation is vital to making sure that key constituencies will not read into the companies actions.

Instead, the company must be forthright as to everything they file with the court. That’s because many people following the company — particularly a public one — will likely go online and read the documents surrounding the bankruptcy.

Once the company does file, it is equally important to constantly be in touch with your core constituencies. For example, GM and Chrysler each took us along for the ride as they filed for bankruptcy, announced their restructuring, and emerged as a new company.

Earlier this year, Borders filed for bankruptcy and sent out notices to their customers and investors, ensuring business will go on and service will continue, but changes will have to be made.

And on the day United Airlines filed for bankruptcy in 2002, its CEO flew to Chicago to meet face-to-face with employees. Other executives did the same in Denver, Washington, San Francisco, and other hub cities to reassure the public and their employees that the airline is, and will always be, a viable company.

They did not just send out a news release. After they filed, they took out full-page ads in major papers explaining what they were doing and why. Once they emerged from bankruptcy, they were a new company with their reputation intact.

In communicating messages during a bankruptcy or wherever litigation is involved, lawyers should be given the opportunity to sign off on what is being communicated. At the same time, attorneys must be able to see the big picture as to why the PR counsel is even involved and why they must communicate through the media.

Attorneys need to be open about what is being communicated with the idea that they are working to protect and, at times, enhance the public perception of their client.

At the same time the message is crafted, companies should actively monitor the online chatter about their company and their industry, and work to quell any misinformation being communicated about the company or its employees.

Today, an individual and a company are only as good as their reputation. In general, with the economy the way it is, we understand that in tough economic times, companies as well as individuals may have to file for bankruptcy.

As long as there is honesty and maturity in how you communicate your problems or situation, people will understand. Being upfront and proactive in your actions will help position your company for future success and go a long way to bolstering your individual and corporate reputation, while putting to rest any potential negative ramifications from the filing.

Lawyers savvy enough with the how the media works, and in protecting and enhancing their client’s reputation, understand the interplay between the law and legal process on one hand, and public opinion and business strategy on the other.

And there is benefit to working with experienced PR professionals in creating and delivering the right message publicly, without jeopardizing the legal process or strategy. In fact, the messages that are communicated may lead to successful settlement or reorganization.

A Few Pointers

• Tell your story first.

• Know what you want to communicate  and why.

• Call in third-party supporters to support you.

• Put a human face on the situation.

• Use all the communications tools at your disposal, such as social media and web, as well as traditional.

• Make the story about recovery, not liquidation. For example, focus on jobs and service.

• Focus on what you want the expected outcome to be and stay on message in getting there.

For the full article, visit http://milawyersweekly.com/news/2011/08/12/preserving-a-company’s-reputation-in-the-wake-of-bankruptcy/.  For more information, please contact Daniel Cherrin, an attorney with Fraser Trebilcock, at 313.965.9039 or dcherrin@fraserlawfirm.com.

Trial by Twitter, Facebook & other Social Media

A consultant hired by Casey Anthony's attorneys analyzed more than 40,000 opinions on various social media sites and blogs where her attorneys then used them to craft their trial strategy.  According to a recent article in the Orlando Sentinel, "When bloggers and others in social media sites started to attack George Anthony about his alleged mistress, the defense team beefed up their questions against him."The Casey Anthony trial has brought social media into the courtroom. While jurors may be prevented from tweeting or updating their Facebook status from the courtroom or during the duration of a trial, the jury of public opinion is running rampant, 24/7 with their opinions of the trial.

According to Amy Singer, the social media consultant in the case, her team of five individuals would scan a variety of sites, blogs and tweets to gauge opinions about the trial, wtiness testimonies, evidence and the body language of the defendant. Those opinions were given the the defense attorney where they adjusted their tactics based on what they learned on line.

With the Casey Anthony trial now over, public opinion still wages on in social media circles, but one thing is clear, Facebook and Twitter have changed the way lawyers defend or prosecute a case.  Fraser Trebilcock, through its subsidiary, Fraser Consulting, has access to public relations and public affairs experts who monitor social media on behalf of a number of clients and respond when a response is warranted. Fraser Trebilcock also recently launched a Litigation + Strategic Communications practice group to help clients manage the message in the courtroom and out.

For more information, please visit www.fraserlawfirm.com or contact Daniel Cherrinat dcherrin@fraserlawfirm.com.

Trial by Twitter & Facebook

A consultant hired by Casey Anthony's attorneys analyzed more than 40,000 opinions on various social media sites and blogs where her attorneys then used them to craft their trial strategy.  According to a recent article in the Orlando Sentinel, "When bloggers and others in social media sites started to attack George Anthony about his alleged mistress, the defense team beefed up their questions against him."The Casey Anthony trial has brought social media into the courtroom. While jurors may be prevented from tweeting or updating their Facebook status from the courtroom or during the duration of a trial, the jury of public opinion is running rampant, 24/7 with their opinions of the trial.

According to Amy Singer, the social media consultant in the case, her team of five individuals would scan a variety of sites, blogs and tweets to gauge opinions about the trial, wtiness testimonies, evidence and the body language of the defendant. Those opinions were given the the defense attorney where they adjusted their tactics based on what they learned on line.

With the Casey Anthony trial now over, public opinion still wages on in social media circles, but one thing is clear, Facebook and Twitter have changed the way lawyers defend or prosecute a case.  Fraser Trebilcock, through its subsidiary, Fraser Consulting, has access to public relations and public affairs experts who monitor social media on behalf of a number of clients and respond when a response is warranted. Fraser Trebilcock also recently launched a Litigation + Strategic Communications practice group to help clients manage the message in the courtroom and out.

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

America's Response

With the recent publication of diplomatic emails and communications from abroad about other world leaders, The White House and State Department find themselves in a situation that a number of their counterparts have faced in the private sector ... and the response should be similar. For example, the U.S. Government should've gotten in front of the story and broken it before the media did. The government should've had advanced notice that the story would be published and should've used its social media tools to break the story, issue a statement and lay out a strategy for how it was dealing with the situation.

Now to repair its' image, the government should:

1. Admit the error and apologize.

In general, we (not just the government, but everyone) need to admit that we make mistakes, but mistakes like this, the government should say, are inexcusable and we are regret that some of these comments were made.

2. Show that you are taking corrective action.

It is important to show that you are taking steps to fix the problem and begin to repair any relationship fractured by the statements.

3. Invest in goodwill.

The United States already is invested in regions throughout the world. However, now, it needs to look at where the most damage is done and find ways of healing wounds.

4. Show the investment already being made in the region.

A lot of the damage can be undone by showing what the U.S. has already done in a particular region. By reminding others what has already been invested and accomplished, they may be more forgiving.

5. Adjust.

Unfortunately, this situation reminds each of us that we need to adopt the new way we communicate with each other and the potential for how others may share information they should not be sharing.  Our reputation can change in a 'Tweet," let alone a series of emails. Therefore, we need to be careful what we communicate and to whom, particularly those representing a government, at a local, state, federal or international level.

Now there are lessons we can learn from this experience and the best lesson here is:

"If you don't want to read about it in the paper, then don't write it down."

Today's Legal Market Demands Broad Business Solutions

*Story Originally Posted in the American Bar Association's Law Trends and News, Fall 2009, Vol. 6, No. 1. Today’s legal market demands a broad range of business solutions lawyers can provide their clients. A strategic communications plan can prove to be an extremely helpful tool law firms can provide their clients. For example, in today’s 24/7 media culture, companies lack access to and control over the media who cover their industry and to the people that talk about them online.

In addition, businesses often find themselves navigating a complex environment that requires dealing simultaneously with litigation, governmental and regulatory actions, media scrutiny, and public perception. Oftentimes business strategy demands a multidisciplinary approach of legal action, public relations, and government relations. Knowing where these issues converge can help protect your reputation and enhance your position in the marketplace. For example, new court rules were recently unveiled in Michigan directing jurors not to Twitter about the case before them or to turn to the Internet for information beyond that which was presented to them in the court. Social media is becoming more than a tool for us to use to stay in touch with friends: it is becoming a new area to look out for our clients' interests and/or a new medium to promote our practice.

Also, in just seven months, Congress has passed a number of key bills that have been enacted by the president, including the economic stimulus package, expansion of SCHIP, Pentagon acquisition reforms, and other key reforms. Congress is in the midst of tackling a number of difficult issues, including energy and climate legislation, health care reform, FY 2010 appropriations, the reauthorization of the transportation bill, financial regulation, food safety, and immigration reform—all of which will affect our legal practice.

As a result, attorneys should extend their services beyond the courtroom and into the court of public opinion or legislature. If attorneys will not provide such services, then they should build strategic partnerships with public relations firms and/or lobbyists. To meet the needs of today’s businesses, lawyers will need skilled advice regarding how to position their clients before the media or in front of the legislature, while legally protecting their clients.

For example, seeking PR counsel is an important aspect of representing clients in high-profile cases. Even if the issue is a small matter, there is no way we can tell how public opinion can or will shape the outcome of a case. Therefore, in engaging PR counsel:

Have the lawyer retain the PR firm as opposed to your client directly, to try to preserve attorney-client privilege;

The PR counsel should consult with the client only in the presence of an attorney and first talk things over with the attorney to seek their support and buy-in for the PR strategy.

Once a PR firm is engaged, they will (depending on the strategy):

Asses the situation, review any media to date;

Create key messages;

Create talking points for key audiences including, staff, vendors, clients, and the media;

Using the key messages, educate and sensitize the media to mitigate damage or control the story;

Facilitate interviews; and

Diligently work to preserve and protect your client’s image in the public eye.

“An attorney’s duties do not begin inside the courtroom door. He or she cannot ignore the practical implications of a legal proceeding for the client.” SeeGentile v. State Bar of Nevada (Kennedy opinion) 510 U.S. 1030, 1043 (1991). Just as an attorney may recommend a plea bargain or civil settlement to avoid the adverse consequences of a possible loss after trial, so too an attorney may take reasonable steps to defend a client’s reputation in the court of public opinion

In today’s fast-paced environment, where it may take years to build up one’s reputation and only seconds to destroy it, a lawyer’s role as advocate extends to managing his or her clients’ reputations inside and out of the courtroom.

Daniel Cherrin, an attorney, is the former communications director/press secretary for Detroit and to Detroit Mayor Kenneth V. Cockrel Jr. He is now president of North Coast Strategies, which provides cutting-edge practical advice where government action or inaction, litigation vulnerability, or complex regulatory requirements will impact your reputation and bottom line. You can reach Cherrin at dcherrin@NorthCoastStrategies.com or 313-300-0932.

Lessons for Baltimore, from Detroit

Baltimore has been used as an example many times by Detroiters about what it did as a city to turn around its downtown, to revamp its waterfront and breathe life back into a city. Now, with its Mayor recently convicted of taking gift cards as bribes and using gift cards that should have been used as gifts for the needy, Baltimore can and should learn from Detroit. The Mayor of Baltimore refuses to resign after her conviction last week, saying she still has Baltimore's interest at heart. If the Mayor truly had Baltimore's interest at hear she would step down as Mayor, end the drama and let the city move forward without her. If she does not step down, then a cloud will continue to hover around the city.

With the Mayor staying in office, the city cannot move forward. Businesses will not want to do business with the city, its bond rating could be in jeopardy due to the volatile situation in the city, with a lack of uncertainty as to what may happen with or with out the Mayor, and the continued scrutiny of the Mayor.

There is no doubt that the Mayor's attorneys are advising the Mayor to stay put. It provides leverage in negotiating a settlement and a platform for her to speak. But her speech will be limited by what her attorneys tell her she can or cannot say, pending the legal action against her.

Now it is easy for me to sit here in Detroit and be critical of a Mayor who I don't know in a city that I have only visited. But, I can speak from experience about what a city needs to do to move forward and beyond the negative stories that have traumatized a city, a region and a state.

The Mayor of Baltimore and the President of Baltimore's City Council should learn from Detroit. Step down as Mayor. If she is not going to step down, then the President of Council should ask for her resignation, being to create a transition plan, meet with local business, community, labor and faith-based leaders. Travel to Annapolis and meet with the state legislative and executive leadership and begin to make the plans for taking Baltimore back and shift the focus from scandal to hope and opportunity, faith and transparency, accountability and action.

Communications gap between lawyers and the media

Earlier this week, Montieth & Co., a special situations management advisory and communications consultancy released the results from their 2009 "Media and the Law Survey." The results show, that reporters are trying to cover more litigation than ever (60% of reporters polled), and the need help understanding the core issues of the cases, especially in securities actions."

In today's litigious environment, journalists need to be able to explain complex legal matters to audiences outside the courtroom. Lawyers have a real opportunity, not to affect a legal outcome, but to help protect their clients reputation in the court of public opinion.

However, the survey also found that only 31% of the respondents said that lawyers were effective in helping them understand the cases and the legal issues involved -- and most found plaintiff's attorney were more helpful.

Reporters surveyed also said they "wish lawyers were more open to talking to reporters about their cases." And others would like more background on cases.

Lawyers have an important role in protecting their clients. At the same time, that should not come as a sacrifice to protecting their client's reputation in the public eye. In some cases, one's reputation is more important than any legal outcome.

As a result, lawyers should either become more media savvy or retain a public relations firm that is, because the chances are, if you are not talking to the media ... your opponent is.

*For the record, only half of those surveyed found PR firms to be helpful. So we all have to step-up our game.

Law Firms Must Adjust To Meet Client Demands

From the boardroom to the bedroom, government affects everything we do. So its time to embrace it and learn how we make government work for us. And perhaps more important, in addition to providing our clients with a legal remedy, we must also provide them the opportunity to seek legislative remedies or use the court of public opinion to reach their business objectives. Many clients are turning to law firms to assist in the public policy process, yet many firms are ill equipped to handle government relations and are not well versed in public relations as a legal tactic. Yet it is the lawyer who knows the law and knows what laws would best benefit their clients as well as how to best position their clients in either a court of law or court of public opinion. It is the lobbyist that knows how to effect legislative change and to assist in drafting the right laws. And it is the brand manager, who knows how to position the issue and the client so that everyone emerges a winner.

In addition, with government getting bigger and more complex, and government funding becoming sparse, regional mid-sized law firms are well equipped to create a practice that blends law, media and public relations with the legal expertise many mid-sized firms have.

Also, with budgets getting tighter, the government is seeking greater partnerships with the private sector. With a solid client base, law firms are well-positioned to assist clients in finding creative opportunities within the government and sound private sector solutions for public problems.

More and more issues in Congress and the state legislatures are having a direct impact on business. Businesses are learning that they can no longer sit on the sidelines when government decisions directly impact their future. Likewise, with tough economic times, businesses are looking for new areas to expand. And despite tough economic times, securing a government contract remains one of the most sought after business development opportunities.

Businesses today cannot afford to ignore the legislative process and adjust to new laws once they are passed. To be successful, business must stay current on legislative issues that could have repercussions on their business or industry. They must also seek to effectuate change where appropriate making lobbying, government relations and public affairs a natural extension of the legal services law firms are already providing.

By integrating strategic communications and public affairs into the practice, combining law, policy, politics and strategic communications, attorneys will provide new and existing clients and integrated approach to their legal problems. This practice group will provide firms with new channels to cross-sell firm services and maintain core clients by expanding into new areas to complement your firm’s legal practice. A successful public affairs and strategic communications group will not only help stand out from other law firms, but it will enhance their core practice groups, advance client relations and increase firm profits, while developing new business.

Today's legal market demands broad business solutions

Today’s legal market demands a broad range of business solutions lawyers can provide their clients. A strategic communications plan can prove to be an extremely helpful tool law firms can provide their clients. For example, in today’s 24/7 media culture, companies lack access and lack control to the media who cover their industry and to the people that talk about them on-line. In addition, businesses often find themselves navigating a complex environment that requires dealing simultaneously with litigation, governmental and regulatory actions, media scrutiny, and public perception. Often times, business strategy demands a multi-disciplinary approach of legal action, public relations and government relations. Knowing where these issues converge can help protect your reputation and enhance your position in the marketplace.

For example, last week, an article in the Michigan Lawyer's Weekly unveiled new court rules directing the jury not to Twitter about the case before them or turn to the Internet for information beyond that which was presented to them in the court. Social media is not only becoming some thing for us to stay in touch with friends, it is becoming a new area to look out for our clients interests and/or a new medium to promote our practice.

Also, in just seven months a number of key bills have been enacted by Congress and President Obama, including: The economic stimulus package; Expansion of SCHIP; Pentagon acquisition reforms; & other key reforms. Congress returned this week to tackle a number of difficult issues, before their August recess, including: Energy & Climate legislation; Health Care Reform; FY 2010 Appropriations; Reauthorization of the transportation bill; Financial regulation; food safety, and Immigration reform.

Attorneys in high-profile cases should extend their services beyond the courtroom and in the court of public opinion. Therefore, lawyers will need skilled advice as to how to position their clients before the media or in front of the legislature, while protecting their legal rights.

Seeking PR counsel is an important aspect of representing clients in high-profile cases. Even if the issue is a small matter, there is no way we can tell how public opinion can or will shape the outcome of a case. Therefore, in engaging PR Counsel:

Have the lawyer retain the PR firm as opposed to your client directly, to try to preserve attorney-client privilege;

The PR counsel should consult with the client, only in the presence of an attorney and first talk things over with the attorney to seek their support and buy-in for the PR strategy.

Once a PR firm is engaged, they will (depending on the strategy): Asses the situation, review any media to date;

Create key messages;

Create talking points for key audiences including, staff, vendors, clients and the media;

Using the key messages, educate and sensitize the media to mitigate damage or control the story;

Facilitate interviews; and,

Provide media/spokesperson training.

“An attorney’s duties do not begin inside the courtroom door. He or she cannot ignore the practical implications of a legal proceeding for the client." See Gentile v State bar of Nevada (Kennedy opinion) 510 US 1030, 1043 (1991). Just as an attorney may recommend a plea bargain or civil settlement to avoid the adverse consequences of a possible loss after trial, so too an attorney may take reasonable steps to defend a client’s reputation…in the court of public opinion

In today’s fast-paced environment, where it may take years to build up one’s reputation and only seconds to destroy it, a lawyers role as advocate extends to managing their clients’ reputations inside and out of the courtroom.

Juries all a-Twitter

This week, Michigan Lawyers Weekly features a story about jurors tainting themselves by Tweeting from the jury box or accessing the Internet from their mobile phones to learn more about the cases they are presiding on. See Juries all a-Twitter, 23 Mich.L.W.847, July 6, 2009. Like the media, the courts need to adjust to the constantly changing landscape of how we communicate and how we access information. The Internet and mobile devices such as the iPhone or Palm provide jurors and others access to instant information about the cases before them. The Michigan Supreme Court amended rule 2.516 of the Michigan Court Rules to prohibit the use of computers, cell phones or other electronic devices during the trial to obtain information on the case. This is mandatory, not discretionary. The rule was amended in response to a number of cases being thrown out due to curious jurors, researching defendants and witnesses and then Tweeting their opinion before any opinion was rendered.

Social media sites, such as Facebook, Linkedin, MySpace and YouTube also provide excellent opportunities for plaintiff's counsel to mine the Internet for information to throw out a case or force a settlement. Mined appropriately and thoroughly, attorney's can learn a lot about the parties to a lawsuit or potential lawsuit.

And finally, some lawyers are using the Internet, the same way they were using television to argue their client's case in the public eye. Instead of turning to investigative reporters or "problem solvers," they are now turning to the Internet to bolster their client's position.

In the article, I caution attorneys to do their own due diligence and see what is being said about their clients on-line. This includes social media sites such as Twitter, You Tube, Flickr, various blogs and other on-line feeds and sites. The same is true for the opposing party, including opposing counsel.

Attorneys may want to consider retaining PR counselto monitor the Internet and/or use the Internet and social media to preserve, protect and enhance their clients reputation on-line. Attorneys may also want to consider hiring a computer forensics or e-discovery firm to see what information they can find on-line. For now, attorneys can set up Google alerts, RSS Feeds, or find other ways to monitor the media.

Regardless, we all need to do a better job of monitoring the Internet. Just as we should secure our credit report every six-months to monitor for identity theft, we should periodically Google or Bing our name, our company name, client's name or other key terms we should be keeping an eye out for.

Can you write me a recommendation?

Often times, people will ask you and others to write a recommendation for them on the popular social media site, Linkedin. However, the July 13 & 20, 2009 issue of BusinessWeek (p. 072) has an article warning managers from writing recommendations about their employees on Linkedin as they could be later used by plaintiff's lawyers in "discrimination or termination cases that put an employee's performance at issue". The article predicts that sooner or later, attorney's will begin to mine social media sites for evidence or was to bolster their clients cases. In some cases, The PR Lawyer is aware of cases in which attorney's have set up Facebook accounts just so that they can gather evidence for their clients and use it to force a settlement or bolster their case should it go to trial. Companies should have a blanket policy for their managers to not use Linkedin to make recommendations. If someone is asking for a recommendation, chances are they are looking for a new job. Save the recommendations for their quarterly, bi-annual or yearly review. And always, when using the Internet and social media sites, exercise caution.