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

State of the Media - More than ever!

As technology changes so to does the way we communicate with each other. Walking on the street or idling at a stop light we are checking email and Facebook, updating Twitter or checking our messages in one form or another.  While traditional media is not yet a thing of the past, there are multiple ways for a company to target their message and their brand to their key audience or otherwise share their story, engage their customers and expand their brand directly into the hands of their target market. So how is the media changing?

Newspapers In 2011 not a single newspaper closed, although twenty newspapers did shutter their local bureau  and laid off employees, according to a recent report on the “State of the Media” by Vocus. In fact, in 2011, Gannet which publishes USA Today, the Detroit Free Press and Lansing State Journal, among others, cut 700 jobs and other newspapers followed.

While newspaper bureaus shut down and newspaper staff are getting leaner and younger, hyper-local news sites expanded, such as Patch.com and Mainstreet.com. However, because sites like the Patch are hyper-local, the stories are isolated to what is going on in that specific community. They are also websites and not publications, they also are not traditional media. In fact, I attended a city council meeting on behalf of a client a few weeks ago and the person writing for Patch did not even attend the meeting in person. She reported on it by watching it on Public Access and never called my client for their side of the story. While newspapers are doing more online and limiting their on line access, regional news sites, such as MLive or Crain’s Michigan Business are popping up.

Traditional newspapers also are expanding into interactive media, but creating news casts or partnerships to broadcast the news, such as the Detroit Free Press and WWJ-TV, Crain's Detroit Business and their new weekly broadcast and the Detroit Free Press and Detroit News web programs, similar to the interviews broadcasted by Bloomberg and The Wall Street Journal.

Other ways  as well as coupon sites such as Groupon, Hip City and Living Social.

Social Media

Social Media also is becoming more mainstream. In fact, in the past, the newspapers controlled the news cycle. News directors at the networks used to assign reporters based on the stories they read in the paper that morning. Even on The Morning Joe or on C-SPAN we see the headlines circled and briefly talked about.  However, social media today drives the news cycle. We are learning through Twitter about the protests in the Middle East, updates on disasters and other news.

Magazines

In terms of magazines, while publishers such as Conde Nast shuffled their staff, Hearst actually grew by acquiring Hachette Fillpacchi Magazines, publishers of Elle, Woman’s Day, Metropolitan Home and Road & Track among others.  Magazines are also starting to become more specialized and optimized.  We also are seeing more hyper-niche magazines. We are even seeing new media turn to traditional media, such as Social Media Monthly.

We are also beginning to see more magazines appear on line and available through mobile apps such as Currents, Flipboard, Zinio or Zite. There are even magazines made specifically for the iPad and other tablets, such as those published by Nomad Editions, such as Real Eats, BodySmart and UnCorked.  Corporations are also turning their quarterly magazines into on-line editions.

Television While local television news also is becoming leaner and younger with their reporters churning out 3 or more stories a day, some even carrying their own cameras and editing their own stories, while requiring them to tweet in between and develop strong sources.   National media is focusing more on cultural-niche markets, with CNN, FOX and NBC all starting Hispanic news channels. Television networks are also starting to look more like newspapers by carrying the rest of the story on line, complete with more detailed interviews and other updates.

Investigative journalism also has increased. With a difficult economy, large unemployment and many people looking to save money or make extra money, investigate journalists have their fill of news stories to go after.

Television however, is being challenged by YouTube, Vimeo and VMS (a client).

Radio

NewsTalk radio continues to dominate what people are listening to, followed by country, hip hop and classic rock. But more people are listening to to the radio through satellite or on-line, such as iHeart Radio. Websites such as Pandora or Storify are not considered radio. Nonetheless, with such sites it is a more competitive market to compete in and to get your voice heard.

Blogs While blogs are not considered traditional media, they are now part of the media landscape and a chance to take ones message directly to those that want to hear it.

Patchwork of Available Media

The fragmented patchwork of available media and accessible journalists makes available opportunities to tell your story through traditional media channels, challenging. However, with the continued evolution of technology and technological devices such as smart phones and tablets, the growing number of media channels gives rise to greater opportunities to take your story directly to the people you want to read it, listen to it, see it, experience it, pretty soon to reach out and touch it and on the horizon, to smell it or even taste it.

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.

Making It Personal: Holiday Gifts For Clients & Vendors

It's hard to believe but the Holiday Season is now officially upon us and what great timing. The week of Thanksgiving, I actually received my first holiday gift from a vendor I work with. She sent a package of chocolate covered cherries (a Michigan favorite) and chocolate covered malt balls, although I told my staff they were chocolate covered gum balls. I was thankful for the gift and sent an email saying thank you, followed by a handwritten note. After eating more than a few cherries and malt balls and reflecting on how I want to say thanks to my clients, I thought about how can I make it meaningful to those who I want to say thank you to. Typically, each year, I give my clients who celebrate Christmas the official White House Ornament.  A great gift for under $30. To others, I try to personalize it. I sent one client some NASCAR items as he is a huge fan, the other music from a college marching band, as he also is a big fan.

Yet, during these tough economic times, I believe the greatest gift is to make a donation in honor of your clients to an organization they support or that they are involved in. Knowing which organizations your clients support, I believe is an important aspect of any client/professional relationship. It means that you take the time to get to know your clients beyond the work they hired you to do and are familiar with the things outside the work environment that they care passionately about.

This year, I will be making a number of contributions to food banks, children's hospitals and other worthy nonprofits -- Just as my way of saying, THANKS. By the way, if anyone is interested in sending me a gift, I am a board member of the MS Society of Michigan, Urban League of Southeastern Michigan and the Michigan Political Leadership Program. I also am a big fan of JARC, Yad Ezra and Childhelp -- I am just saying. Happy Holidays to each of you.

RAISING CAIN IN MICHIGAN & THE ART OF POLITICAL BRANDING

Running for office is extremely different than running an office. Yet a campaign is our chance to learn about the candidates seeking the office of President, Congress, Governor, Mayor or other positions. It is also a chance for the candidates to test the waters to see if the public is ready for a person like them to lead. In the United States, unlike other nations, the campaign season gets longer and longer, much like the holiday season starting the day after Halloween.  So candidates have a year or more to sell an idea and try to persuade and influence the voting public, that their ideas make more sense than the other candidates.  Debates like the one held tonight in suburban Detroit is a rare opportunity to corral the (GOP) candidates  and watch how they deal with the difficult task of face their worse critics – Their opponent.

But in the heat of a debate, candidates often are going after each other to stand out from the rest of the pact. In doing so, their message and that of the GOP gets lost. While they all say they can do better than the status quo there is no real message as to what the candidates stand for.

On the other hand, President Barack Obama was successful as a candidate, in part because he created a brand.  He was the only candidate that we can identify a logo with and we knew what he stood for, whether we agreed with him or not.  He had a message and a plan and a way in delivering it to the masses where everyone understood it.

A brand is how or what we identify people or a company with. It is the message that separates the product from the others. In communicating a brand, it is important that you communicate something that others can understand and identify with. For example, people respond to emotional appeal, not issues, but personality and an appealing story. In creating a brand, it is important that you give people a reason to support you.

Over the past few weeks, Herman Cain’s brand has been tarnished and he has been trying, unsuccessfully to minimize the story although as tonight’s debate showed, the audience or public want to focus on what the person believes in or supports, rather what they did, even in the wake of the Penn State allegations.

Nonetheless, the only way to cut through the communication clutter is to create a brand and the top GOP candidates are having a difficult time standing out from each other. Like Obama, they need their own logo, their story that can capture our attention, their message. The message cannot be just “anti-Obama” or “anti-Democrat.” It needs to be more substantive.

Once you have the messages are clear and tested, the candidates can then create a unique story to use throughout the campaign and at the next debate. Throughout the campaign, the “brand” should be monitored and evaluated.  For example,

• Are people identifying with you brand?
• Are the messages resonating?
• Are we consistent on our website, in our social media, at events and in how we communicate to supporters, the public and to the media?
• What is the online chatter or people saying off-line.

Today campaigning is all about gaining one's trust, building our credibility and generating public awareness as to what a candidate stands for and their agenda for moving a country forward.  I am not sure if that was accomplished tonight. Some candidates however, did stand out over others. They just need to build upon that momentum that Michelle Bachman desperately failed at after Iowa. But for all the GOP candidates, they have time. We still have about 10 months to go before the GOP Convention in Florida in August, 2012.  For the President, it is time that he re-evaluate and re-adjust his plan, and be ready to face the Republicans early next year.

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.

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.

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.

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.

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."

A little perspective about Detroit...

Over the past few weeks, I have and will have the opportunity to travel outside of Detroit. For example, last week I was in Chicago for a trade show. While in Chicago, the news that dominated the front page of the Tribune was not the indictment of former Mayor Kilpatrick, it was the trial of former Illinois Governor Rod Blagojevich, and the testimony his staffers gave under oath.  In addition, people who live in Chicago know of the alleged corruption in that city, but they ignore it because their trash gets picked up, the lights are always on and the city continues to thrive with new developments. While it does not make it right, it is what that city has built its reputation on.

Tonight, I just returned from Toronto.  While I was not there for the G-20 Summit, I did read and see pictures of the the police car burning, and heard first hand stories of friends who were not allowed to leave their buildings that were in the security zone, due to violent protests, not to mention protesters breaking the windows of a number of Starbuck's and other downtown businesses. Also in Toronto, Canadian Tourism took care of the international media while visiting Toronto. In the media centre, they created a "fake lake" to resemble the lakes of Muskoka, two hours from Toronto and the site of the G8 meetings. The "fake lake" was inside the convention center and was actually the target of stories about the costs of this Summit and the length Canada was going to promote tourism in the Country at a time that they virtually shut Canada's economic epicenter down to host a two day meeting of world leaders --  As if the Winter Olympics did not accomplish that for them, during one of the busiest tourist times for Toronto, given Canada Day on July 1.  Also, they forced the Toronto Blue Jays to relocate their home game to Philadelphia, who wore their home uniform in Philly.    A city that normally never receives bad publicity certainly felt the brunt of it in just a short weekend.

In addition, on July 1, the Canadian government will institute a combined GST/PST (tax), placing up to 13 percent taxes on professional services (law, accounting), hair cuts, gym memberships, restaurant tabs, home remodeling, new construction, subscriptions etc, which has not been handled well. This frankly, is an opportunity for us to promote shopping in Detroit to our Canadian neighbors.

After the Fourth of July, I will be travelling to Cleveland, where corruption and bribes of public officials continues to rock Cuyahoga County, where several public officials and business owners have been indicted and a number of others on the way, with the federal government targeting Cuyahoga County Auditor Frank Russo and Democratic Party Chair and Chair of the Cuyahoga County Commission Jimmy Dimore  This is the same city, that in the last year or two had major issues affecting their Port Authority, involving money or the lack thereof to fund certain projects.

Next month, I will be travelling to San Francisco, where its' current Mayor (and failed gubernatorial candidate) Gavin Newsom, had an affair with his campaign manager's wife in 2007.

So, a bit of perspective -- All eyes are not necessarily on Detroit. People are really consumed with what is going on in their city and their own backyard.  As we work hard to rebuild, repair and rebrand our image, we are not alone and we should think that everyone is concerned with Detroit, or that we have such a terrible reputation. Unfortunately, we are not the only city with the problems we have. We certainly would like the Kilpatrick era to come to a close and for the headlines to change about Detroit. To do so, we need to celebrate and honor our past, but stay focused on our strengths and move on from our failures.

Detroit, like Chicago, Cleveland, San Francisco or Hartford, where another Mayor resigned after corruption charges, should not let a political scandal or their public officials failures define their city or region. It is up to the region, to work collectively to promote itself and show first hand what they are capable of doing.

There are no doubt, lessons to learn and impart from where we have been to help create the blueprint that will guide us in moving forward.  With an election upon us in just a few months, we need to elect leaders who will not just be held accountable, we need leadership will will lead by example and will not stray from taking risks at a time of tremendous opportunity.  I look forward to working with you and with our new leaders on that journey.

Best wishes for a Happy Fourth of July.

Daniel