Navigating the media maze

While the boundary between what constitutes media relations, public relations and marketing is hazy, firms ought to grasp that knowing how to use the media effectively is essential for modern solicitors.

Gillian Meighan, Head of Media Relations at the Law Society of Scotland, says “working with the media is becoming an increasingly important skill for solicitors in Scotland”.

So what are the practical rules for solicitors for dealing with the media?

“Media relations involves reaction to media enquiries and stories, as well as actively seeking coverage. Good communication skills are essential as is knowledge of the media and how it works.

“On the reactive side, relatively minor issues can become major issues if they are not handled quickly and effectively with accurate information and comment. Awareness of what to do, or having someone on hand who does, is vital before a firm or an organisation becomes involved in a story about themselves, or a client.

“Solicitors are educated and trained that client confidentiality is paramount and it is easy for a mental portcullis to come down too abruptly when asked for information about clients and firms.”

Gillian Meighan’s advice is to follow the law, use common sense and avoid the words “no comment” at all times.

“ ‘No comment’ can be the most damaging two words in working with the media”, she warns. “Those two words can clear a space for someone else to comment in your place and leaves you little opportunity to set the record straight. If there really is nothing that can be said  - perhaps for fear of prejudicing a case, or because you are following client’s instructions - then explain the situation and give the reasons why. Solicitors can often confirm facts or information that is in the public domain. They may find that their client is happy to give out further information after taking legal advice.”

The golden rule is to get back to journalists quickly or within an agreed deadline. “You may not have the answers available immediately or want some time to consider your response. If so, then tell the journalist that you will get back to them, agree a time and stick to it. If you are delayed, keep them informed of what is happening.  Journalists are working under an increasing amount of pressure to report stories within tight deadlines. There are fewer specialists in the media than even a few years ago and many journalists who write about issues they may not fully understand look to solicitors for information and explanations to assist their understanding and the accuracy of their story.”

Her advice is to steer clear of jargon, speak in plain English and remember that journalists have deadlines and a limited amount of space for your comment. 

“Try to latch on to the story, find the line that the journalist is following, listen to what they have to say and discuss the issues, explaining the law if necessary. If you have been contacted then you have a chance to set the record straight. Your explanation may change the report and can show up a story that is without foundation.”

The media community in Scotland is relatively small and playing one journalist off against another can be a dangerous tactic but what about how comment will be used and when is “off the record” off the record?

 “ ‘Only say it if you want to see it in print’ is the rule of thumb many follow. Different journalists can have different rules. ‘Off the record’ can mean that it will be used but not attributed to you. ‘Background information’ can mean that it will not be used but will assist the journalist to understand what is happening. It is best simply to agree with the journalist about the use of a comment before you say it. The more you deal with a journalist, the more you build trust and may agree to give background information, but it is a personal choice.”

When Peter Lockhart was filmed and photographed flanking his client outside the High Court after the collapse of the Ayrshire child abuse trial, it was part of a calculated process to put forward a case the Court didn’t get to hear.

“From the start it was apparent that there was enormous media interest in what was effectively to be Scotland’s biggest paedophile trial.

“When the trial crumbled, my client and the rest of the accused felt that they had lost their chance to put forward a defence and strongly state the case for their innocence.

“There was no feeling of elation when the trial ended, all the public had heard about was the evidence of the children. After discussion amongst the agents and the accused the decision was made to hire the services of a media adviser and come up with a co-ordinated response to the collapse of the trial.

“There was a unanimous feeling we had to seize the nettle, and that it was very important to go out on to the doorstep of the High Court to make a statement to effectively demand a public inquiry. All the accused and their agents agreed to that policy, got together and framed a statement.

“It was a very successful approach. The press line would have been that they got off on a technicality; instead this gave us high ground on news reports that night which reported the unhappiness of the accused.

“People might have shied away from such an approach but it was a good example of when it was the right thing to do. Experience told me we could use media interest in the case to the best advantage of our clients.”

He suggests training could help some solicitors who are often very wary of dealing with journalists in the belief that what they say will be twisted.

“In fairness to journalists this won’t be the case. It sometimes happens, but in my dealings with journalists they have always reported accurately.”

Lockhart advises practitioners to be aware, however, there are dangers and note the Society’s Practice Rule.

“Some clients won’t want to comment on a case, practitioners need to clarify with them whether or not they should have dealings with the media and need to be able to warn the client about the implications of any such dealings.”

Solicitors can also be proactive in dealing with the media, generating positive coverage of the law and raising the profile of their firm or organisation.

Gillian Meighan advises building relationships with local papers and radio stations, which can often yield more coverage and feedback than national media. Sometimes it is difficult to see a return on the effort invested but frequently contacts established come to fruition later on.

“Be available for comment in the local press, perhaps establish a legal column, give them good local interest stories and build relationships with local journalists and editors, so that they can rely on you and trust you. Good local media contacts can help clients raise the profile of their business or publicise their views and can help solicitors raise the profile of the law, legal issues and their firm or organisation. Becoming established as a legal expert who is willing and able to comment to the media, can bring many opportunities for your business .” 

Peter Lockhart has also cultivated local and national media in order to raise the profile of his Ayr-based firm Lockharts.

“In terms of being pro-active and generating good publicity for the firm there can be an advantage to having your name in a newspaper or being on national television. When this is directly linked to the firm’s name it raises your public profile and it’s hard to put a price on 60 seconds on national television.”

If you are invited to give a television interview it’s worth thinking about the backdrop, if can you get the firm’s name in the background, so much the better.

“Firms should build on the fact they might have someone in the firm who has the skills to be a spokesperson. They need also to think about local radio and newspapers looking for stories and realise they are unwittingly sitting on a vast array. Solicitors should say to a client ‘here is how the story will go’, outline the possible advantages of that and maximise the benefit, all the time making sure the client knows what is being said on their behalf.”

Austin Lafferty’s media profile ensures he is probably Scotland’s best-known solicitor. Frequent appearances on television and radio and a column in The Sun mean, to many, he is in effect the face of the legal profession. Unsurprisingly he is a strong advocate of the positive benefits that can accrue by cultivating the media.

“If you are creative, you can get your face in the paper without spending a penny. At a local level it need only be feeding a story about something out of the ordinary, whether it’s abseiling off the Hilton, or whitewater rafting for charity.

“These are corny, but evergreen, methods to get your name in the paper, making you look good and show solicitors aren’t ‘high priests of law’.”

Offering a legal advice clinic to the local paper or on local radio is another sure-fire way of getting positive publicity.

“Very few people think about it, but it gets the firm’s name, address and phone number in the press, while the paper gets free copy and a feature that they can’t produce themselves. Your only investment is creativity and effort.”

His own media career began 20 years go when he phoned Radio Clyde and persuaded them they needed a legal clinic.

“I’m surprised that in that time nobody has ever risen to try and take ‘my crown’. Other lawyers are sometimes on air but nobody else does what I do. While that’s good for me, I’m not sure if it is for the profession.”

Though he claims to be unaffected by the reaction of his peers, he was “well aware of a degree of contempt in early days”.

“I think I have become an institution, part of the furniture. It says something about the profession generally that they don’t want to do what I do. Experience tells me that the numbers who hold me in low regard are less than there used to be and there is perhaps greater recognition that I am doing a service to the profession as a whole.

“Solicitors are sometimes surprised to see me at court, as though I’m somehow not a real lawyer. All they can see is my column and television appearances, but that’s a very small part of my working week. I do a full shift at the desk as a general practitioner like everyone else.”

He pursues media work for “my own sake not just for what it brings to his firm”, though the marketing and advertising it provides is priceless. His national profile means that in terms of advertising all he has to pay for is his Yellow Pages entry.

“Many cases arrive because I am the ‘lawyer on the telly’, but it can be a double- edged sword when people phone for ‘wee bit of advice‘.”

So what tips would he offer practitioners in dealing with journalists?

“In essence, solicitors sell secrecy, and are right to exercise caution because confidentiality is key and doesn’t sit well with giving quotes to media professionals. “Thinking beyond that, a solicitor can sit with a client and discuss pros and cons of publicity or reacting to unwanted publicity. The default position is to shut up shop and say nothing but there is benefit in co-operating.

“Take charge of any conversation, ask what they know and are prepared to tell you about articles they are writing, say you are telling them things off the record and use these words. Try to make an agreement that you get to check any copy for accuracy before it goes public, journalists are good at asking questions leading you in to giving more information than you want to, so be careful when giving replies - especially when on the record.”

For some firms, a dedicated media relations and public relations plan might involve using a consultancy. Gillian Meighan again.

“Firms should have communications plans in place, co-ordinate media and marketing communications, have financial and time resources allocated and a clear view of what they want to achieve. A spokesperson need not be the senior partner but does need to be someone who is a good communicator.

“Invest in some training, ask a journalist to tell you about their job and what they need, what they look for in a commentator and what makes them come back to you until you become an established contact”.

While many solicitors now deal with the media as a part of their work and have a much better understanding of the media, some are still reticent to talk to the media, especially if they have had a bad experience. “Problems arise for solicitors who have had no contact or a bad experience with the media and find themselves being contacted for comment in a crisis. The damage may be done before a consultancy can be employed or the skills learned. On the other hand, developing the knowledge and the skills of media relations and taking advantage of the opportunities the media presents can be a worthwhile and fruitful experience.”

Josie Saunders, a senior account manager at the BIG partnership, a public relations company with experience working with a commercial law firm, an online legal service and a firm with criminal expertise, says legal firms can be more pro-active in generating a media presence.

“Law firms are now recognising the benefits of marketing as a way to ensure their place in a highly competitive industry and public relations plays a major part in any marketing strategy. Budgets are always limited but those firms that are keen to raise their profile are turning to PR advisers to help them generate a buzz about their firm. Many law firms, from the big players to the smaller operations, are beginning to adopt strategies that distinguish them from their rivals but those with a PR focus seem to be breaking free from the pack.

“All firms want to grow their business and PR is an essential tool to help achieve specific business goals. Larger firms with lots of fee earners and high profile cases on a regular basis can use PR to publicise how well they are doing in comparison to their competitors. This can help to attract other high profile cases and customers but it can also be a platform to generate interest in a new service, a high profile appointment or a change of address.

“PR can help smaller firms to develop niche markets that will grab a larger slice of the legal market, whether it is in employment, sport, commercial property, banking or housing. The media is a curious animal and there is an art to securing coverage, whether it is in print, on the radio or on television. Reporters and editors need a good news line before they will print a story and will knock back anything that resembles advertising.

“The mainstream media reacts against unnecessarily complicated legal jargon and complex descriptions about changes in the law and has in the past used this to make solicitors, law courts and firms appear out of touch. Similarly many solicitors do not understand how the media works and assume that any contact with a journalist will result in bad publicity. A PR company can help make legal services more accessible and can present them in a punchy way. It can also help solicitors tailor their delivery so that the story makes the news schedule. A PR adviser will help law firms understand the dangers of speaking to the press and will be a middle man who shields the firm or individual from unwanted exposure.”