“Know WHAT to say, WHEN to say it and WHO to say it to!”

To often an organization creates a marketing plan that fits in a binder and gets shelved. Hours are spent defining your audience, studying the data and creating plans that do not have anyone following through. It is time to end the planning and begin with creating a strategic road map to reaching your core audience, centered-around your organization's values and focused on empowering the consumer to make a purchase, advocate or change their lifestyle.  

To learn more about re-setting your marketing strategy to focus on your organizations core, while creating a road map instead of plan, see this presentation delivered today at the Michigan Society of Association Executive's (MSAE) OrgPro 2013.

“Know WHAT to say, WHEN to say it and WHO to say it to!” looks at the brand of an association and assists association leaders in re-defining their audience and setting objectives in creating an integrated communications plan. It will hit the high notes in terms of helping association leaders, from large and small associations, with marketing goals and strategies for defining the audience, crafting the message and identifying the appropriate media channels from traditional media, digital and social mobile. Association leaders will walk out as marketing professionals complete with a one page strategic communications plan to start working on when they return to work.

Media Tips for Lawyers, Representing Clients In The Public Eye

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 lawyers can provide their clients, in anticipation of or during litigation, or just an overall part of their legal strategy.

Every Company Is A Media Company

Today, every company with a website, blog or social media presence is a media company and anyone with access to a computer, smart phone or tablet, has the potential to damage a company’s reputation. However, at the same time with digital and mobile technology, companies have more opportunities to take their message directly to the consumer, to protect, enhance and elevate their reputation.

For companies such as Domino’s and The BBC, to celebrities and politicians such as Lance Armstrong and Elliott Spitzer, lawsuits today are no longer fought in the courtroom.  Cases are being tried in the media, with the potential to damage brands and reputations alike.

Clients Turn To Lawyers As Spokesperson

In general, a lawyer’s job is to represent their clients in a court of law, not in the media, and many are uncomfortable in talking to reporters.  However, client’s today are turning to their lawyers not just for legal support, but to help protect their reputation and often speak on their behalf.

“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. Just as an attorney may recommend a plea bargain or civil settlement to avoid the adversarial consequences of a possible loss after trial, so too an attorney may take reasonable steps to defend a client’s reputation and reduce the adverse consequences of an indictment, especially in the face of a prosecution deemed unjust or commenced with improper notices. A defense attorney may pursue lawful strategies to obtain dismissal of an indictment or reduction of charge, including an attempt to demonstrate in the court of public opinion that the client does not deserve to be tried.”

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.

Balancing advocacy for clients and legal ethics

The Bar is concerned that attorneys often speak with authority and that whatever they say can help shape public opinion.  As a result, a good rule of thumb in talking to the press or in any public arena is to stick to discussing the facts or explaining the process. In making statements to the media during or in anticipation of trial, a lawyer, or their client’s spokesperson, should avoid making any statement that would "have a substantial likelihood of materially prejudicing an adjudicative proceeding."

In other words, “don’t say anything you couldn’t or wouldn’t say in court.” This includes speculations on a criminal defendant’s guilt or innocence, opinions on any participant’s credibility and character, conjecture on why a participant would not submit to examination, and, generally, any information that is not likely to be admissible – Just stick 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
• The scheduling or result of any steps in litigation
• Undisputable facts
• A request for assistance in obtaining evidence and information necessary of the investigation
• A warning of danger concerning the behavior of a person involved.

A lawyer, however, may make statements that may be required to protect a client from substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client.  A statement should be limited to such information that is necessary to mitigate the recent adverse publicity.

Crisis + Litigation Communications

The sands have shifted in the practice of law.  Gone are the days when clients were only concerned about the legal ramifications of a lawsuit or legal quagmire.  Today, clients are often also concerned with how they are judged in the public eye and perceived by their customers, vendors and by their own families.

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. However, the process should start long before a matter goes to trial and even before the firs documents are filed. 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. As a result, communications experts should be retained early on in the process, to monitor the media, craft the messages for key audiences, respond where and when appropriate and otherwise be involved.

In retaining a public relations professional, it is important that you find someone who understands the interplay between the law and legal process on one side, and the media and public opinion on the other. Managing these complex communications in a timely and efficient manner can play a vital role in the cost-effective mitigation of a crisis or legal matter.

Tips for dealing with the Media

Despite certain rules imposed on lawyers, reporters, journalists and bloggers may contact you based on a case that you are working on or a client that you represent, or perhaps even the issue areas you work in everyday.  Alternatively, you may contact them, to help position your client in the public eye or to promote yourself as an expert on an issue that is receiving a lot of attention in the news.  Regardless of how a reporter comes to you, in dealing with the media it is important to understand what they want and how you can best work with them.

The media is interested in a story that others want to read, watch or listen to.  News is something that is:

• Timely,
• Relevant, and
• Sometimes entertaining.

Reporters will most likely report on stories that are:

• First
• Trends
• Unusual or unique
• Involve celebrities, kids or dogs and
• General human-interest stories.

When the reporter asks you if he or she can ask you a few questions, try to get a little more information from them. Find out what the reporter wants to know.  Depending on when they call, they are most likely on deadline and looking for a quick sound-bite.  If you need to, ask if you can call them back and think about what you want to say.  Then call them back in a timely manner.

Here are a few more tips in terms of working with the media:

Know why you want to talk to the media -- What do you hope to achieve in talking to the media?  Before you talk with a reporter, know what you want to accomplish, even if they catch you by surprise.

Know your audience -- Then understand who your audience is. 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.

Do your homework – Know what the reporter writes about and covers. 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.

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
• Stop using jargon or technical lingo
• Try not to go “off the record”
• Never lie
• Don’t attack competitors or sell yourself

During the interview – Think of it as a debate not a conversation, unless you are talking to Stephen Colbert:

• A reporter is using it to gather information or to find a story
• Know your objectives and stick to your key message
• If the reporter gets off message, bridge back to your key message
• Answer only the question asked
• Stick to your messages

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.

If you don’t know, don’t tell and don’t worry – 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.

Silence. When being interviewed, once you have made your point do not be intimidated by silence. Silence is not a bad thing during an interview, it’s a tactic used by reporters to get you to talk, in the hopes of getting you to say something that you shouldn’t have.

“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 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.

Working with the media – It is about relationships.

Corrections -- Don’t be afraid to correct the reporter or ask them to revise their story to be accurate.

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

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. s not deserve to be tried.”²

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, Pinterest or YouTube, is a little different than working with the traditional media.

Know the influentials –  There are millions of people using a variety of social media sites that it is important to know who the influential people are.  There are a number of social media sites that you can use to track the influentials.

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.

Crisis Management

If a crisis ensues, you may not have the time to monitor social media sites and find the right time to engage people on line. Should that be the case, you should be more proactive, reserve the various domain names with your name, your companies name and variations thereof  so should something happen, you can go on line and communicate directly to the masses.

FOIA

The documents you file in court are public documents and subject to FOIA. Don’t be surprised if you see the language from your depositions, motions or others in an article or even on a graphic on television. So, if a reporter asks for a document, it will go along way if you just give it to them but feel free to redact sensitive or privileged information.

Hiring PR Counsel

Lawyers need to understand what is news and how to best communicate that news to the public.  If attorneys will not provide such services, then they should build strategic partnerships with public relations firms to help them. To meet the needs of today’s businesses, lawyers will need skilled advice regarding how to position their clients before the media, while legally protecting their clients.  Seeking PR counsel is an important aspect of any legal strategy. 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 public relations counsel:

• Have the lawyer retain the PR firm as opposed to your client directly, to try to preserve attorney-client privilege.
• The public relations counsel should consult with both the client and attorney at every step of the process.

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.

Re-Thinking a Party and Re-Building an Association

I am not going to join an association if I don’t find value in it. As both the Democratic and Republican parties look to re-build they need to re-engage their members. Like any organization, its leaders need to communicate the value membership brings while constantly giving people reasons to join in its mission. This can be accomplished through the benefits they provide or the stories they tell to help people connect emotionally to the organization.

To be effective at that the organizations need the infrastructure and refine their business operations to reflect the reality of their industry, their membership and the world around them.  In addition the organizational leadership needs to build a sustainable organization to help attract a new generation of members.

Once the infrastructure is in place the messages need to be crafted to communicate organizational value. The agenda needs to resonate with the right audience and be communicated in a way that they will listen to it. The messages should be action-oriented. People join an organization because they share common values but also because they want to belong to something. So, give people a reason to get engaged.

Today, associations must also Re-Evaluate how it uses emerging technologies and the various media platforms around them to their advantage. We should only look forward in how we do things.

Once the messages are developed, now you can go out and raise money or increase membership. However, this too takes a new way to think about the how and why you approach others. As an organization, you should rethink your members or donors as “investors,” and work to create a donor relations program to keep them engaged in organizational activity – year-round.

While the organization raises money or seeks new members it should work diligently to find new candidates or younger members. The MS Society has created a Young Leaders Group, there are programs like Leadership Detroit and also the Michigan Political Leadership Program (of which I am a fellow and board member). But other organizations, including political parties can work harder at nurturing the next generation of leadership.

In restructuring a political party or an association, it will taking rethinking how the organization is structured, what the messages are that needs to be communicated, rethinking how you embrace membership and donors and finding ways to raise a new class of leadership. However, todays realities demand we re-think how we manage our lives and our associations.

Challenging the Status Quo by Creating a Vision

Gone are the days when you found a job and stayed in that job until you retired. Today, the workforce is more mobile, in part due to the economy and the need to go where the jobs are and in party due to technology. As times change, so too must our political system and our political leaders should work harder at communicating their vision for improving their world. But that vision should not be theirs alone. It should be consensus-driven so that others can stand with the Mayor, Governor and others in supporting that vision. Once they have that vision, they can now create their agenda.  What issues will become their priority and how will they go about implementing that agenda.

So communicating that vision and agenda will be vital to seeing it through. Why is this the right thing to do now? Does it reflect reality so that I can get others to rally behind it?

To lead the conversion, our leaders need to lead the conversation, but also listen to what others have to say and adjust their plans to reflect the political and economic realities. People are looking for solutions. Solutions that are immediate but also pro-active with long-term benefits

Change is never easy, but in order to change we have to know where you are going. To help you in the process we need to understand the why, the what and the how. We need to become emotionally-connected through common values. We will help you only if we can trust you and for that we need to start developing a relationship.

Once we begin the discussion and build the trust we will come to realize that we are all in this together and we each have a role to play -- So let’s support each other.

Telling Your Story to Legislators

You know how local, state and federal policies impact the day-to-day life of your program, association or company than any member of Congress, the legislature or city council, so many elected officials need you to help them understand the issues, establish a connection and work collectively to find solutions. When we have the opportunity to talk with your Mayor, Member of Congress, State Representative or State Senator, we have to be sure to tell the stories that are going to make the most sense to them and encourage them to act if that is an appropriate next step.

Ideally, you would establish relationships with lawmakers long before you ever need them. This could be due to your involvement in the community, a pre-existing relationship from school, through your children and their activities, based on meetings where you have invited them to tour your business or their political advocacy or attending fundraisers and other events.

Regardless of when you meet them, you still need to know your story and the messages you wish to convey. Here are 3 tips to telling your story to legislators:

1. Share the Strongest Message

• Share a couple of stories about your program.
• Thank him/her for past and ongoing support.
• Let them know what they can do this year.

You may find yourself meeting with a legislator or staffer who offers that they are connected in someway to your organization or issue.  Seize that link and deepen the connection.  However, in many other instances, they may not be familiar with your organization or issue. This is your chance to advise the member on the vital issues in your industry.

• Start with the basics of what you do and who you serve; and,
• Why you need their support or leadership.

2. Tell the stories that are relevant, newsworthy and tied to a larger agenda so that they the lawmakers are more likely to seize it as their issue

• Find out as much as you can about your Senator and Representative.
• Quantify the impact your organization and issue has on the economy, in the community and around the industry.
• Localize the issue so that they can see the connection/impact in their district
• If they don’t seem to support your issue, don’t argue with them. Work to just disagree, focus on what you can agree on and move on.
• Use the meeting opportunity to be conversational, and get to know one another. Convey that you can be a friendly resource any time.
• Think about what you want to bring to the meeting:  A Fact Sheet on the organization and issue, key contacts, annual report, latest newsletter, media clips, key contacts etc.

3. You are the expert!

Most of the time, legislators want to know the basics. So what may seem basic to you is information they are hearing for the first time.

And just relax. They may be elected officials with ornate offices (at least some of them), they are still people that you elected. They could even live in your neighborhood.

Visit us later this week to find a template to CRAFTING YOUR STORY.