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Attorneys are not public relations practitioners. Note that I am using the word “attorneys” to refer to those who are actually practicing the law instead of the more generic “lawyers” which includes legally trained people like myself who prefer to earn a living through other means. Of course, knowledge of the law, if one has it, is valuable to a public relations practitioner! Nonetheless, attorneys are certainly intelligent folk but many of their clients tend to confuse attorneys’ rhetorical gifts in the courtroom for public relations talent. Thus, such clients leave attorneys to manage their “PR” with regard to the woes they are going through. Granted, there are attorneys who understand the power of public relations but they are very few and very far in between. Those who do though, do not possess the full range of public relations expertise and experience.
Thus, public statements by attorneys on behalf of their clients tend to be one-dimensional, often war-like with too much legal jargon rounded off with a subtle threat that the client’s “rights remain reserved” should anyone seek to explore the allegations. In many cases, the sub judice rule is thrown in to discourage any further inquiries, especially by the press. However, the often-abused sub judice monster will not stop the client’s reputation, regardless of his or her wealth or standing in society, from being dissected and exploited by multiple stakeholders. His or her detractors will not be deterred from going to town, undermining the person’s reputation further.
This is where the skills of a public relations practitioner are needed. Law firms need to make it a norm to engage public relations experts for their clients. Public relations experts will draw up a comprehensive stakeholder strategy in relation to the circumstances of the client, manage all emerging issues on a 24-hour cycle, work with the attorneys to write information in simple terms devoid of legal jargon thus leaving the attorneys to focus on their core work. Some people own businesses that are listed on the bourse, either locally or abroad or both. Therefore, a stakeholder matrix would also consider not only internal stakeholders such as Boards of Directors, Staff, customers but external ones as well such as regulators, media, social media, and the public. Many will tell you how taxing it is to field inquiries from journalists, repeating the same points daily. And it is impossible to shake off reporters. They will track you down via your office or mobile line, social media, mutual contacts, and the like. You can run but you can’t hide especially in this era of the competitive tabloid press and social media. Leave all that taxing work to a public relations expert.
If a press conference is to be called as part of the entire PR strategy, a skilled and experienced PR expert will prepare the client for such by compiling possible questions and rehearsing responses, including coaching on tone and body language. A PR expert may also discreetly contact select journalists to find out what they would like to get out of the presser as part of the preparations. The entire reputation management exercise will be done with the sub judice rule in mind because it is not absolutely contrary to what a number of attorneys like to say. An article by the respected South African Professor of Constitutional Law Pierre De Vos titled, “Oscar Pistorius: why media reporting is not infringing on the sub judice rule” of 18 February 2013 is useful to look up in this context.
Good PR advice will help a client to rebuild their reputation whether they win or lose in court. Sometimes winning in court does not guarantee a revival of a reputation in the public or marketplace. Rebuilding relations and a reputation take a lot of effort. A public relations expert will put in place a plan to regain public trust and repair a damaged reputation. By contrast, once legal victory is secured, a law firm will simply move on to the next client because quite rightly, a former customer’s reputation re-building exercise is none of its business.
In conclusion, it is important for individuals, businesses, business owners, and attorneys if they are involved in a matter, to appreciate that sound public relations counsel will add immense value to their cause and enterprises. Shortcuts such as conflating legal advice with public relations counsel would not help a client whose reputation is being severely stress tested. These are two different areas of expertise. So, engage a public relations expert too!
Thank you and all opinions are my own.