Una lettura interessante dal sito della PRSA sulle RP e la legge

Public relations and the law: Six keys to winning in the court of law - and public opinion.

A lawsuit can tank a business even if the outcome is positive. Without balanced communication, market share and shareholder value can plummet with a company's eroding reputation during the months or years spent in litigation."The fact is that lawsuits are no longer tried exclusively in the courtroom, but also in the court of public opinion," says Steve Hantler, of DaimlerChrysler and chairman of the American Justice Partnership. "With highly publicized lawsuits, the costs resulting from damage to shareholder value, market share and reputation are often more significant than the actual cost of litigation."Consider the high-profile example from last March when Wendy's became the target of a fraudulent claim by a woman who said she found a finger in her chili. Eight weeks of public drama unfolded.With more questions than facts in the initial stage of its crisis, Wendy's took responsibility for its brand promise to customers and led with an action-oriented statement about launching its own internal investigation within the first 24 hours. In terms of crisis containment and perception management given today's constant news stream, stakeholders expect an immediate response. By mid-May, police arrested the claimant, who was recently sentenced to up to nine years in prison, and matched the severed digit with its rightful owner.  Despite Wendy's innocence, the company reported a 2.5 percent decline in same store sales for the quarter, directly attributed to the incident. To succeed in the courts of law and public opinion, communication professionals must work seamlessly with legal counsel to adapt to today's litigious environment and be ready to communicate within it.Howard Lalli, senior vice president at Edelman Public Relations in Atlanta, recommends that his clients respond quickly and decisively when crisis strikes."In all likelihood, by the time a reporter calls, there is already information circulating in the public domain about the issue or crisis," Lalli says.  "If the organization wants to ensure the accuracy of what gets reported and wants to appear transparent and responsive, it will engage with the reporter. Contributing nothing or stonewalling reporters lends an appearance of guilt or wrongdoing."These six keys are foundational elements to building a solid litigation communication team and winning in the courts of public opinion and law:
Key No. 1: A comment is essentialIt's easier to disarm a reporter's natural skepticism in the wee hours of a brewing crisis when there is an existing relationship built on trust.  These relationships take time and care to build, Lalli says. "When you have an existing relationship, I think you are more likely to be able to talk about a difficult situation and frankly state the facts surrounding what you can share, what you can't share and why," he says.Developing an appropriate statement that communicates resolve and commitment to high-road principles is situational. This kind of statement is an art that requires careful balance in identifying salient facts and avoiding hidden traps.
Key No. 2: Understand the attorney's cautionAttorney-client privilege has its limitations, and communication professionals should know where the boundaries are well before a crisis, says Mickey Aberman, a partner in the Charlotte, N.C., law firm James, McElroy & Diehl, P.A.  Anything shared with the communications professional loses its privilege, becomes subject to the discovery process and can be used in court. And the work product doctrine offers a thin veil of protection for consultants."One major concern among many attorneys is allowing the PR professional too far into the litigation tent," Aberman says. "The problem occurs when privileged information leaves the tent in the head or briefcase of somebody other than the lawyer or client, in which event it loses its privileged status."Lalli says the PR professional earns credibility by making it clear with legal counsel at the outset that they recognize the critical need to hew to legal counsel.  The client will usually conform to legal counsel and it's the smart, practical approach for the PR professional to do the same.Legal counsel should review all statements before dissemination.
Key No. 3: Where privilege ends, discovery beginsThe reason for attorney angst comes down to a fundamental desire to surprise and outwit an opponent in court, while safeguarding one's own information.According to Hantler, the team should research what is and is not discoverable. Under certain conditions, he said, courts have extended the attorney-client privilege and link product protection to the work of litigation communications specialists.Hantler, who wrote a Wall Street Journal guest column entitled "How to beat the trial bar," suggests that companies strategize according to the trial bar's playbook to win. When a communications professional joins the litigation team to assist with trial preparation, it strengthens the degree of protection for the resulting work products.
Key No. 4: Counsel and coach the legal teamCommunication professionals may not score an invitation into the litigation tent, but their strategic planning and media relations skills remain most valuable to the litigation team.PR professionals understand the media and have an opportunity to demystify the inner workings of the newsroom, says Aberman. Many attorneys don't have media skills and don't often think about the people who might be influenced outside of the courtroom, he says.The companies that best position themselves to win in both courts manage the issue rather than just the litigation by coordinating the legal, government affairs and PR response.  Those companies respond in a consistent and timely manner to each stakeholder group.According to the American Justice Partnership, PR pros and lawyers should team up with the collective goal of improving the balance of news coverage to protect a company's reputation from an onslaught.
Key No. 5: Talk around and beyond the lawsuitAccording to the Institute for Crisis Management, companies are most likely to face a smoldering crisis, like a lingering allegation and lengthy lawsuit. Fewer encounter a sudden crisis, such as a fire or industrial explosion.In a smoldering situation, the communications professional is best equipped to build coalition support and cultivate public endorsement from supporters.Frequently, state chambers of commerce and industry associations become natural allies when companies face frivolous or meritless claims. An amicus curiae, or friend of the court brief, from those organizations further strengthens a public endorsement. Annual trust and credibility surveys demonstrate the value of third-party endorsement by editorial news sources.
Key No. 6: Build the dam before the floodBegin developing the litigation communication team before you need it. While the organization hews to legal counsel, it's important that legal strategies include a multidiscipline approach to battles increasingly waged in ink, online and on air.Prior to a lawsuit, work with legal counsel to define the scope of work for the communication professional. The American Justice Partnership, which advocates an extension of privilege to litigation communication specialists, provides resources on its Web site (www.americanjusticepartnership.org) that strengthen the chances for winning in both the court of law and the court of public opinion."Courts and legal commentators are increasingly recognizing that the media, through the way it covers litigation, has a tangible impact on the resolution of individual lawsuits," Hantler says.
R. Carter Langston, ABC, is a corporate communications professional.