| The Age of Obama could be a particularly lucrative | | | | Most (not all) law firms primarily focused on defense |
| period for trial attorneys in which to pair legal strategy | | | | are still using 20th Century strategy and tactics to |
| with effective Internet-centered communication to the | | | | communicate with stakeholders, ceding a distinct |
| Court of Public Opinion, communication that marries the | | | | advantage to savvy trial attorneys. |
| best legal strategy with sound public relations/issues | | | | 4. Corporate Crisis Management Practices. |
| management techniques. | | | | Crisis management is sometimes an integral |
| I am not an attorney. But wise legal counsel have told | | | | component of a corporate communications office and, |
| me that while it violates ethical guidelines for attorneys | | | | when it is, plaintiff's counsel needs to be ready to |
| to influence the jury pool, communicating with the Court | | | | challenge that capability. At the same time, many |
| of Public Opinion is entirely appropriate for the | | | | companies are weak in this area and you will have |
| purposes of: | | | | unique opportunities to play on that weakness if you |
| * presenting an accurate picture of your client to the | | | | are prepared to do so. |
| media and other audiences; | | | | 5. The Mistakes Made by Some Trial Attorneys. |
| * informing the public of wrongdoing by specific | | | | Plaintiff's counsel who do understand what's typically |
| organizations and/or industries; and, | | | | called "New Media" tend, in my experience, to employ it |
| * telling the public how to access legal counsel when | | | | incorrectly in terms of strategy, messaging and tactics. |
| they believed their rights have been violated. | | | | Specific mistakes can include: |
| [The Litigation Environment] | | | | * Failure to understand which tactics will best reach |
| Now, as a layman (who happens to work with counsel | | | | targeted stakeholders for any given matter; there is no |
| a lot) let me assess the apparent litigation environment | | | | "one tactic fits all" approach. |
| created by the economic downturn and the messaging | | | | * Misunderstanding - fueled by "we're gonna bilk the |
| done by President Obama and members of his | | | | lawyers because they don't understand it" consultants |
| administration. | | | | - about what it should really cost, for example, to run |
| 1. Fear. | | | | an effective Pay-Per-Click (PPC) advertising campaign, |
| Everyone's scared about money - making it, spending | | | | create a website, or launch a blog. |
| it, having it taken away. Fear often translates into | | | | * Inappropriate messaging - most commonly, "hype." |
| anger, and anger seeks a target. | | | | [The Opportunity] |
| 2. Many Industries Have Damaged Reputations. | | | | Trial counsel has the opportunity to legitimately employ |
| Specific industries have been publicly tarred and await | | | | the Court of Public Opinion in support of wronged |
| feathering, e.g., bankers, auto manufacturers (and their | | | | parties via: |
| related loan companies), and other types of lenders. | | | | 1. Search Engine Optimization. |
| There has also been significant collateral damage to | | | | There are many techniques that can be employed to |
| the reputation of all big businesses, whose credibility | | | | ensure that you control what is found for the key |
| factor will be lower than in the past at the beginning of | | | | terms most related to your legal matter, without |
| any contentious legal matter pitching business vs. | | | | straying into the use of methods that can get you in |
| consumer. | | | | trouble with major search engines. |
| 3. Hard Decisions Coming. | | | | 2. Blogospheric Strategies. |
| Even industries with generally good reputations will be | | | | The worldwide network of blogs has been dubbed the |
| making hard decisions that will have a negative | | | | "blogosphere" and communicating with that network in |
| economic impact on all of their stakeholders (important | | | | many ways resembles intentionally introducing a virus |
| audiences, internal and external). In the next several | | | | into the human body. If done carefully and appropriate, |
| years, there will be far more than the usual number of | | | | a virus specially designed to carry your message will, |
| layoffs, foreclosures, collection actions and other highly | | | | de facto, reproduce itself in many more locations than |
| unpopular yet legally sensitive actions. | | | | you personally place it. If done wrong, that message, at |
| 4. Mistakes Convert to Complaints. | | | | best, won't multiple to your benefit and, at worst, the |
| When lenders or other businesses take action against | | | | message can actually harm your case. |
| individuals or groups, they are going to make mistakes, | | | | 3. Points-of-Presence. |
| and when they do, trial attorneys will be there to | | | | Every website or blog, every social media or |
| represent the rights of the victims via individual or class | | | | networking page, and other locations where your firm, |
| action complaints. | | | | your bio, your message can be found is called a "point |
| [The Communications Environment] | | | | of presence" (POP) and must be leveraged fully in |
| 1. The 24/7 News Cycle. | | | | support of your legal and marketing strategy. |
| The media - and that has to include major blogs and | | | | 4. Self-Publication. |
| websites - is operating on a vociferous 24/7 news | | | | Traditional media is important to the extent you can |
| cycle and tends to have an "anti-big business" bias that | | | | garner their limited cooperation, but self-publication |
| has been exacerbated by the types of messages | | | | ensures 100% control of the message. What many |
| communicated in the past two years by both the Bush | | | | don't know is just how many ways there are to |
| and Obama administrations. | | | | self-publish online, in print and broadcast formats, both |
| 2. So Many Choices. | | | | at online locations you own and elsewhere. |
| The means by which trial counsel (and others) can | | | | If the Court of Public Opinion is correctly engaged, I |
| communicate with prospective clients and the media | | | | believe that more class actions will be certified, more |
| has expanded exponentially in recent years. | | | | cases will be settled to your clients' benefit, and more |
| 3. The Weakness of Defense-Focused Firms. | | | | trials will be won. Sounds like a good year to me. |