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Pros and Cons of Media Relations that Lawyers Need to Understand

published January 29, 2013

By Author - LawCrossing
Published By
( 65 votes, average: 4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.
SUMMARY

"Doing good work" remains the best method of attracting new business, but "telling about it" is equally important today to achieve greater success. Telling about it via publicity is not a goal by itself; however, it is an effective method of attracting attention. It builds credibility more quickly than advertising and is considerably less costly.


The role of the media and their interest in attorney activities, a basis of understanding of the news media and their interests and working environments, what publicity can and cannot do for an attorney, and situations and events that are likely to generate media interest for attorneys are discussed in this article.

If there is one topic likely to generate conflict within law firms of any size, it is publicity. Tensions occur not only between professional ethics and a pressure for exposure, but also between conservative partners adverse to any but the most traditional ways of business development and aggressive partners eager to promote the records of themselves and their firm.

Most attorneys and law firms want to increase their visibility, but carefully. Only with trepidation are publicity and its attendant "media relations" or active working with the media considered a viable means of business development.

Attorneys normally think of publicity as "getting some good press" for themselves or their firm. Publicity may occur as a result of mergers, naming of new partners, or the opening of a new office. Publicity may also involve a client or case matter. In this situation, the reporter with pencil and micro phone may be encountered on the courthouse steps or, more frequently, will call the attorney's (or client's) office for comments. There are numerous situations where clients appreciate their legal counsel handling publicity- related issues for them, or at a minimum advising them in advance as to the publicity potential of the issue. Guidance from legal counsel on the handling of publicity can be of great help to clients.

"Good" publicity about an attorney or client can be useful for an attorney's business development program, but it never made any attorney successful. Publicity may be the result of success, never the cause of it. Publicity is the publication or broadcast of information in the media. Some of it is desirable and sought after; some not. But in spite of its generally low value in business development, some publicity can have a surprisingly profound effect on an attorney and his /her existing clients. Essentially, it reinforces positive client attitudes that the attorney is well known and respected for a particular aspect of the law.

Managing the news

The management of publicity by lawyers may be defined in both proactive and reactive terms. More and more, attorneys are becoming quite proactive to seek out the media purposefully to draw attention to a situation. But at other times, attorneys must be prepared to react and respond to inquiries about a situation that they would just as soon keep private.

In both forms of publicity, there is one element that makes attorneys extremely nervous: lack of control. In a profession where words are weighed heavily and text is redrafted to express precisely what is meant, the idea of presenting facts to someone else (a media person) for their rewriting is terrifying. There is little alternative to the process. It is no wonder then that individual attorneys are torn between the pros and cons of publicity. Most attorneys will know publicity for what it truly is-a double-edged sword.

Attorneys make news

In the course of virtually every attorney's practice, there will be situations that are newsworthy. In some cases the attorney may actively seek publicity and in others will actively avoid it. The news items can involve the attorney, the firm, a practice area, a specific case, or a specific client. The action of the attorney to "manage" the news depends on the situation.
Here are typical situations where news media attention is possible. Some are topics suitable for news releases, some can be developed into feature articles, and some will result in front-page. High-visibility news includes:
  • New attorneys joining the firm as associates or partners. Of particular interest are laterals.

  • New services, usually coupled with the addition of a lateral.

  • New literature, such as a report or analysis on a topic adapted for general distribution.

  • Availability of a newsletter. Many firms create and distribute a regular newsletter. It can be offered to a selected audience via a news release (recommended to trade journals, narrow-circulation business publications, etc.). Those who request the newsletter are obvious new business potentials!

  • New uses for existing services.

  • Promotions, elections of attorneys, professional staff.

  • Professional awards.

  • Election of attorneys to positions of importance in professional groups, community activities, and so on.

  • Anniversaries of the firm.

  • Addition of new or unusual equipment.

  • New or expanded facilities.

  • Reports on conditions of an industry.

  • Report of research and predictions of trends.

  • Virtually any situation involving clients or cases that have attracted media attention before. (Media are particularly sensitive to "anniversaries" of landmark decisions, major litigations, and so on.)

  • Any case that can have broader implications for the business community, set a precedent, or signal an economic trend.
One area where attorneys are encountering intense media interest is in any situation that involves subject matter that is "hot." Examples are topics such as abortion, drug use, automatic weapons, frozen embryos, leveraged buyouts, hostile takeovers, and the environment. Any attorney can also be guaranteed publicity, desired or not, when dealing with significant cases in these areas.

A common example of this is attorneys who deal with celebrities or famous personages. Any sort of activity --divorces, bankruptcy, lawsuits, and so on --is likely to attract media attention. Entertainment law attorneys are well aware of the importance of the media to their clients. In conducting any kind of litigation in the entertainment business, the attorney is always aware of how the case will appear in the media. He knows that public perceptions created by the media are almost as important as how the case appears in court, because entertainers live and die through their images. The attorney can help or hinder an entertainer's career depending on how he or she deals with the media.

So when the news is handled correctly and the name of the attorney and/or the client appears successfully and favorably in the media, the value is great. For the attorney, favorable exposure implies a third-party endorsement. The attorney is perceived at worst as honest and direct and at best as a credible, knowledgeable source sought out by the media for information. In either event, the attorney is a good source for legal counsel, demonstrating real legal expertise.

published January 29, 2013

By Author - LawCrossing
( 65 votes, average: 4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.