Media Skills: The Lawyer as Spokesperson

MEDIA SKILLS:

The Lawyer as Spokesperson

TABLE OF CONTENTS

SECTION I: LAW IN THE INSTANT INFORMATION AGE

Chapter 1: Media Skills: Part of the Practice
1.1 The Speed and Reach of "Right Now" News
1.2 Legal News on the Rise
1.3 Elephant in the Room: The Interne
1.4 Practice in the Court of Public Opinion
1.5 News Challenges for Judges
1.6 Media Interaction: Opportunity or Loss?
1.7 Key Concepts at a Glance

Chapter 2: The Five Keys to Media Spokesperson Success
2.1 Client Representation: A Two-Court Play
2.2 Media Spokespersons' Triad of Tasks
2.3 Media Spokesperson Success Characteristics
2.4 Five Keys to Success--Practical Tips and Techniques
2.5 Spokesperson Success Key # 1: Realize and Respond to Press Interest
2.5.1 Potential Case Press Points
2.5.2 News Coverage: Potential Positives and Pitfalls
2.6 Spokesperson Success Key # 2: Learn and Play by Media Rules of Engagement
2.6.1 Rule 1: Recognize the Differences Between Media and Legal Worlds
2.6.2 Rule 2: Understand Some in Media View Lawyers Negatively
2.6.3 Rule 3: Realize the Law and the Lawyer Are Not the Story
2.6.4 Rule 4: Understand How the Media Works
2.6.5 Rule 5: Treat All Members of the Press as the Professionals They Are
2.6.6 Rule 6: Respect Reporters' High Pressure and Tight Deadlines
2.6.7 Rule 7: Keep on the Right Side of Professional and Ethical Boundaries
2.6.8 Rule 8: Respond as Quickly as Possible to Any Press Contact
2.6.9 Rule 9: Understand and Work Within Specific Windows of Opportunity
2.6.10 Rule 10: Give Reporters Only Accurate, Factual, Consistent Information
2.6.11 Rule 11: Maintain Rules of Etiquette for Working with the Press
2.6.12 Rule 12: Give Reporters Access to What they Need to Tell Your Story
2.7 Spokesperson Success Key # 3: Build Your Media Quotient
2.7.1 Media Quotient and Earned Media
2.7.2 Three More Steps to a Top Flight Media Score
2.7.2.1 Step 1: Learn the Media Landscape
2.7.2.2 Step 2: Act as a Legal Subject-Matter Expert
2.7.2.3 Step 3: Manage Your Public Image
2.7.3 Web Sites Assist Media Relations and More
2.7.3.1 Content and Copy
2.7.3.2 Section Selection
2.7.3.3 Design Elements
2.7.3.4 Links and Listings
2.7.3.5 Searchability/Ranking
2.8 Spokesperson Success Key # 4: Prepare for Proactive and Response PR
2.9 Spokesperson Success Key # 5: Develop Interviewing Skills
2.10 Key Concepts as a Glance

Chapter 3: Professional Ethics and Bar Rules for the Lawyer Spokesperson
3.1 Overview
3.2 Commercial Advertising
3.3 Is There a "Marketing Level" of Scrutiny to Come?
3.4 Special Cases
3.5 Local Rules
3.6 Talking Heads
3.7 Rules of Professional Conduct
3.8 Analysis
3.9 Opinions
3.10 Inadmissible Evidence
3.11 Analysis of Gentile v. State Bar of Nevada
3.12 Lessons Learned from Gentile
3.13 State of the Law Today
3.14 Key Concepts as a Glance

Chapter 4: The Judiciary and the Media Today
4.1 Two Different Perspectives
4.2 Tension
4.3 Commonalities
4.4 Two Ironies
4.5 How Is the Media Defined Today?
4.6 History of the Rules
4.7 Other Pertinent Rules
4.8 Two Parts to Rule 3B(9)
4.9 New Interaction for Media and the Judiciary
4.10 Do Not Abdicate in the Court of Public Opinion
4.11 Public Perception of the Judiciary
4.12 Judges Must Defend the Courts and Themselves
4.13 Methods Certain Judges Use
4.14 Three-Phase Judicial/Media Plan
4.14.1 Phase I
4.14.2 Phase II
4.14.3 Phase III
4.15 Right of Access and Cameras in the Courtroom
4.16 Use of Photography and Videography of Courtroom Scenes
4.17 Four Levels of Restriction
4.18 The Florida Model
4.19 Speaking from the Bench
4.20 Reporters in Chambers
4.21 Key Concepts as a Glance

SECTION II: PERFORMING PROACTIVE AND RESPONSE PR

Chapter 1: Introducing Two Sides of the Same Coin
1.1 Proactive PR and Response PR Defined
1.2 Proactive and Response PR: A Comparison
1.3 Why, When, and How to Respond to Interview Opportunities
1.3.1 Why You Should Respond: Think Opportunity or Loss
1.3.2 When to Respond: The "60-Minute Rule"
1.3.3 Create an Office Protocol
1.3.4 How to Respond: Think New Client Intake
1.4 Key Concepts at a Glance

Chapter 2: ABC's of Initiating Media Coverage
2.1 Why Practice Proactive PR?
2.2 Proactive PR: Advantages and Cautions
2.3 Basic Tenets for Proactive PR
2.4 Proactive PR Process Steps
2.4.1 The Nature of News
2.4.2 What Is News?
2.4.3 Step 1: Identify Story, News Hook, and Spokesperson
2.4.3.1 Step 1, Question 1: What is your story?
2.4.3.1.1 Identifying Themes and Main Theme
2.4.3.1.2 Case Study Scenario
2.4.3.2 Step 1, Question 2: What makes your story newsworthy now - what is the news hook?
2.4.3.2.1 The All-Important News Hook
2.4.3.3 Step 1, Question 3: What in this story (if anything) is confidential or could be prejudicial to my client's case?
2.4.3.3.1 Running an Initial Case Credits and Debits Equation
2.4.3.3.2 Overcoming Negative Case Factors
2.4.3.4 Step 1, Question 4: What information is in the public record or appropriate to share at this time?
2.4.3.4.1 Public Record and Client-Approved Private Documents
2.4.3.5 Step 1, Question 5: Who is the best spokesperson?
2.4.4 Step 2: Check Media Objectives and Key Audience
2.4.4.1 Step 2, Question 1: Why do you want your story told?
2.4.4.2 Step 2, Question 2: Who is your primary audience?
2.4.5 Step 3: Analyze Media Coverage Risks/Rewards
2.4.5.1 Step 3, Question 1: Where are you in the legal process and how does this affect the timing for initiating media coverage?
2.4.5.1.1 Case Press Points - Timing Is Everything
2.4.5.2 Step 3, Question 2: Will your client be amenable and able to participate in media interviews?
2.4.5.2.1 Tap On - Tap Off
2.4.5.3 Step 3 Summary - Checking in on the Case Study Scenario
2.4.6 Step 4: Set a Media Strategy
2.4.6.1 Step 4, Question 1: What is the scope of this case/story - local or national?
2.4.6.1.1 Local Goes National
2.4.6.2 Step 4, Question 2: What types of media outlets do I want to approach with this story?
2.4.6.2.1 Exclusivity Can Work for You - So Can Multiplicity
2.4.6.2.2 What is Best for the Client?
2.4.6.3 Step 4, Question 3: What reporters, assignment editors, or other media people do I know or have access to?
2.4.6.4 Step 4, Question 4: What resources are available to identify potential media outlets and create a media target list?
2.4.6.5 Step 4 Summary - Checking in on the Case Study Scenario
2.4.7 Step 5: Prepare and Pitch Your Story
2.4.7.1 Step 5, Question 1: What tools will you use to pitch your story?
2.4.7.1.1 Press Release or Media Alert - When and why
2.4.7.1.2 Exception to the Press Release Rule
2.4.7.2 Step 5, Question 2: What process will you follow to pitch your story?
2.4.7.2.1 The Wind Up and the Pitch
2.4.7.3 Step 5 Summary - The Case Study Scenario
2.4.8 Step 6: Participate in Media Interviews Using the PRIME Process
2.5 Key Concepts at a Glance

Chapter 3: Response PR: The Other Side of the Coin
3.1 A Closer Look at Response PR
3.2 Underlying Principles of Response PR
3.3 Situations That Require Response PR
3.4 Potential Outcomes of Non-Response to Negative PR
3.5 Example of Negative Impact of Non-Response to Negative PR
3.6 Negative Outcomes of Ineffective Response PR
3.7 Benefits of Performing Effective Response PR
3.8 Effective Response PR Example Summary
3.9 Four Levels of Response to Adverse Publicity
3.9.1 Level 1: Attorney Creates and Distributes Written Statement on Behalf of Client
3.9.2 Level 2: Attorney Verbally Delivers a Prepared Statement on Behalf of Client
3.9.3 Level 3: Attorney Engages in Media Interview on Behalf of Client
3.9.4 Level 3A - Variation on a Theme: Client Speaks Solo
3.9.5 Level 4: Attorney and Client Interview Together
3.10 Examples of Response PR Levels of Engagement
3.10.1 Example One - Level 2: The Verbal Statement
3.10.2 Example Two - Level 3A: The Client Speaks Out
3.11 Response PR Examples Summary
3.12 Response PR Key "Do's" and "Don'ts"
3.12.1 Response PR "Do's"
3.12.2 Response PR "Don'ts"
3.13 Prevention Worth a Pound of Cure
3.14 Crisis Communications Plan
3.15 Media Policy
3.16 Chapter Summary
3.17 Key Concepts at a Glance

Chapter 4: Powerful Press Releases and News Conferences
4.1 Mechanisms for Media Attention
4.2 Compelling Press Releases and Media Alerts: A Primer
4.3 Press Release and Media Alert Examples
4.3.1 "Needs Improvement" Press Release Example
4.3.2 "Needs Improvement" Media Alert Example
4.3.3 Press Release - "Good" Example
4.3.4 "Good" Media Alert Example
4.4 Crafting Effective Press Releases and Media Alerts
4.5 How to Create Press Releases - A Case Study Demonstration
4.6 News Conference Requirements and Benefits
4.7 When to News Conference and When Not to News Conference
4.8 Steps to a Powerful News Conference
4.8.1 Logistics, Location, and Equipment
4.8.2 Media Targets and Logistics
4.8.3 Speaker Selection, Agendas, and Talking Points
4.8.4 Support Materials - Press Kits and Exhibits
4.8.5 Client Preparation and Rehearsal
4.8.6 Day of Conference Tasks and Protocol 4.8.7 Evaluation
4.9 Key Concepts at a Glance

SECTION III: PRIME: 5 STEPS TO EFFECTIVE MEDIA INTERVIEWS

Chapter 1: Introduction to PRIME
1.2 PRIME Objective: Starting Right and Finishing Well
1.3 Key Concepts at a Glance

Chapter 2: Step 1 - Prepare (or Beware)
2.1 Point, Aim, and Shoot
2.2 Look Before You Leap
2.3 Prepare: Don't Go Bare, Ever
2.4 Interview Preparation Steps
2.5 Interview Preparation: Set Interview Strategy
2.5.1 Two Real-Life Applications
2.6 Interview Preparation: Construct Interview Theme, Key Message Trilogy, and Supporting Sound Bites
2.6.1 Identifying Your Interview Theme
2.6.2 What Are Key Messages and Sound Bites?
2.6.3 Keys to a Message Trilogy
2.6.4 Sizzling Sound Bites
2.6.5 Comparing Key Messages and Sound Bites
2.6.6 Step-by-Step Key Messages and Sound Bites Construction
2.6.6.1 Step 1: Write Down Key Facts and Factors in Two Columns
2.6.6.2 Step 2: Assess and Edit List Against Interview Objective and Theme
2.6.6.3 Step 3: Narrow Down Edited List to Three Main Points
2.6.6.4 Step 4: Rank & Translate Final Three Points into Key Messages
2.6.6.5 Step 5: Create Sound Bites That Support Key Message Trilogy
2.6.6.6 Sample Legal Case Processed
2.7 Interview Preparation: Consider Potential Press Questions
2.7.1 Envision Questions/Frame Responses
2.7.2 Not a Memory Test
2.7.3 Affect Effective Answers
2.7.4 Take Steps to Identify Questions and Answers
2.7.5 The Usual Suspects in Legal Interviews
2.7.6 Questions and Answers in a Sample Case
2.8 Interview Preparation: Compile Support Materials
2.8.1 Documents and Documentation
2.8.2 Pick Your Best Shots
2.8.3 Sample Interview/Press Materials
2.9 Interview Preparation: Prepare Client for Interview
2.9.1 The Interview Preparation Equation
2.9.2 To Interview or Not to Interview
2.9.3 Chronological Approach to Client Interview Preparation
2.9.3.1 Step 1: Analyze Client's Position and Interview Situation
2.9.3.2 Step 2: Assess Client's Communication Abilities and Liabilities
2.9.3.2.1 Ability to Speak and Be Heard
2.9.3.2.2 Ability to Create a Positive, Credible Impression
2.9.3.3 Step 3: Construct Client's Key Messages or Statement
2.9.3.3.1 Making a Statement
2.9.3.4 Step 4: Meet and Rehearse with Client
2.9.3.5 Step 5: Meet to Evaluate and Prepare for Additional Interviews
2.10 Key Concepts at a Glance

Chapter 3: Step 2 - Rehearse
3.1 Time Well Spent
3.2 Rehearsal Approach 1: Practice Key Messages & Sound Bites
3.3 Rehearsal Approach 2: Polish Performance Through Role-Play
3.4 Rehearsal Role-Play Guidelines
3.5 Rehearsal Role-Play Process Steps
3.6 Mock Interview Evaluation Scorecard
3.7 Key Concepts at a Glance

Chapter 4: Step 3 - Interview Techniques and Tips
4.1 The Main Event
4.2 Anatomy of a Successful Media Interview
4.3 Basic Interviewing Realities
4.3.1 Interviewing Reality 1: The Media Interview Is a Specialized Exchange
4.3.2 Interviewing Reality 2: There Are Three Main Kinds of Content Questions
4.3.3 Interviewing Reality 3: Smart Spokespersons Stick to the Facts
4.3.4 Interviewing Reality 4: All Is Not Within the Spokesperson's Control
4.3.5 Interviewing Reality 5: Spokespersons Are Judged on Verbal and Non-Verbal Language
4.3.6 Key Behaviors for Media Interview Success
4.3.7 Key Non-Verbal Behaviors for Media Interview Success
4.3.8 Examples of Verbal Behaviors 1 and 2 in Interviews
4.3.9 Examples of Verbal Behaviors 3 through 5 in Interviews
4.3.10 Non-Verbal Behaviors: Definitions and Examples
4.3.11 In Summary - Non-Verbal Behaviors
4.4 Phases of the Media Interview
4.4.1 Interview Phase 1: The Warm Up
4.4.2 Interview Phase 2: The Exchange
4.4.2.1 C1: Confident
4.4.2.2 C2: Considerate
4.4.2.3 C3: Conversational
4.4.2.4 C4: Controlled
4.4.2.5 Putting the 4 Interview C's Together
4.4.3 Interview Phase 3: After Action
4.5 Key Concepts at a Glance

Chapter 5: Successful Techniques for Specific Types of Interviews
5.1 Introduction
5.2 From Theory to Practice
5.3 Category 1: The In-Person Recorded Interview
5.3.1 What It Is
5.3.2 Most Frequent Uses for In-Person Recorded Interviews
5.3.3 Time It Takes
5.3.4 Pluses and Pitfalls of In-Person Recorded Interviews
5.3.5 Techniques: In-Person Recorded Interviews
5.3.6 In-Person Recorded Interview Examples: Good & Needs Improvement
5.4 Category 2: The In-Person Live Broadcast Interviews
5.4.1 What It Is
5.4.2 Most Frequent Uses for Live Broadcast Interviews
5.4.3 Time It Takes
5.4.4 Pluses and Pitfalls of In-Person Live Broadcast Interviews
5.4.5 Techniques and Tips: In-Person Live Broadcast Interviews
5.4.6 Live Broadcast Interview Examples: "Good" and "Needs Improvement"
5.5 Category 3: The On-the Phone Interview: Recorded and Live
5.5.1 What It Is
5.5.2 Most Frequent Uses for Phone Interviews
5.5.3 Time It Takes
5.5.4 Pluses and Pitfalls of Phone Interviews -- Live and Recorded
5.5.5 Techniques: On-the-Phone Recorded Interviews
5.5.6 A Phone Interview Example: Good and Needs Improvement
5.7 Key Concepts at a Glance

Chapter 6: Step 4 - Maintain Control of Messages and Appearance
6.1 To Control or Not to Control
6.2 Part I: Essentials for Staying on Message
6.2.1 Practice 1: Eyes on the Mission
6.2.2 Responding to (Without Directly Answering) Interview Questions
6.2.3 Practice 2: Questioning the Question
6.2.4 Handling Nurturing, Neutral, and Toxic Questions
6.2.5 Practice 3: Bridging the Gap
6.2.6 Phrasing the Bridges
6.2.7 Two Bridging Examples in Interviews
6.2.8 Practice 4: Consistently Repeating
6.2.9 Staying on Message -- Example from the Headlines
6.3 Part II: Dressing the Part
6.3.1 Suiting Up
6.3.2 Dressing the Part
6.3.3 Guidelines for Clients to Dress the Part
6.4 Key Concepts at a Glance

Chapter 7: Step 5 - Evaluate: Lessons Learned for Next Time
7.1 Anticipating and Handling Reactions by Opposing Counsel or the Court
7.2 Key Factors to Weigh
7.3 Motions for Protective Order or Gag Order, Motions to Seal
7.4 Gag Motions Involving Use of Information from Discovery
7.5 Handling Follow Up Media Requests
7.6 Continual Spokesperson Performance Improvement
7.7 What It Takes to Evaluate
7.8 Key Concepts at a Glance

SECTION IV: APPENDIX

Appendix 1: Glossary of Select Terms

Appendix 2: 2007 ABA Model Code of Judicial Conduct Rule 2.10

Appendix 3: Resources - State Court Rules for Cameras in the Courtroom

Appendix 4: Resources - Individual State Bar and ABA Rules for Codes of Professional Conduct and Trial Publicity
4.1 Code of Professional Conduct Source List
4.2 ABA Model Rules of Professional Conduct Rule 3.6

Appendix 5: Gentile v. State Bar of Nevada Supreme Court Opinion (with court appendices)

Appendix 6: Information on Resources Referenced

Appendix 7: Companion DVD Overview

Roger J. Dodd

Roger J. Dodd is an internationally-known trial attorney, author, lecturer, consultant and recognized expert on cross-examination techniques. His focus is on serious or catastrophic personal injury, wrongful death, trucking cases, aviation accidents, and medical malpractice.

Mr. Dodd is Board Certified by the National Board of Trial Advocacy in both civil and criminal practice, and has been a member of the Florida Bar for 29 years, and The State Bar of Georgia for 30 years.

Listed among the nation's most elite lawyers in The Best Lawyers in America since 1991, he is co-author of the best selling title ever published by LexisNexis: Cross-Examination: Science and Techniques. Since its inception in 2004, Mr. Dodd has been named a Georgia "Super Lawyer" -- the prestigious professional recognition based on peer nominations. He is a member of The American Board of Trial Advocates, attaining the distinction of Advocate in that organization.

Mr. Dodd is a frequent guest and commentator on Court TV, Good Morning America and numerous local Fox, CBS, NBC and ABC affiliate stations. Since 1990, he has published numerous articles in Trial, the American Trial Lawyers Association's monthly magazine. Mr. Dodd has lectured or testified as an expert witness in all fifty states, as well as internationally. His lecture tour is limited to 30 appearances a year, to standing-room-only crowds, at state bar association meetings and at meetings held by expert witnesses and other legal organizations.

Mr. Dodd was born in a small steel mill town outside Pittsburgh. He graduated from Pennsylvania's Bucknell University in Economics and then completed law school at the University of Pittsburgh. After graduating with his law degree, Mr. Dodd joined a firm in Valdosta, Georgia, where he took a burglary case to trial in his first month in practice. This was to be the first of hundreds of court-room experiences in his over 30 years of practice. In addition to taking on and winning a wide variety of civil and criminal cases, Mr. Dodd has long been a strong proponent of pro-bono work and has served on boards of organizations that work on behalf of underprivileged children.

In addition to his practice in Valdosta, Georgia, Mr. Dodd is senior partner of Spohrer & Dodd of Jacksonville, Florida.

Claudia N. Oltean

Claudia N. Oltean is a recognized leader in marketing, training and business development. She is a partner and co-founder of LegalPR (www.legalpr.net), a public relations firm that represents lawyers and their clients in their interactions with the court of public opinion.

Ms. Oltean has over 20 years of worldwide marketing and business development experience for corporations as diverse as General Electric, GE Medical Systems Europe, VeriSign, Nissan, Pepsi, and Hyatt Hotels. She is also technology-focused and has worked as a consultant and investor to technology startups. Ms. Oltean's experience includes executive level work for Fortune 50 companies and consulting work for a broad range of Fortune 500 companies in the retail, manufacturing and service industries. She has written and published national surveys on customer satisfaction and has acted as company spokesperson for customer satisfaction issues. She has extensive experience with written and video communications, including video development.

Ms. Oltean's education includes an undergraduate degree with honor in Communications Arts and Sciences and beginning master's level work in Counseling and Human Resources, both from Western Michigan University. She has also completed numerous specialized professional programs from such institutions as GE Crotonville and Pepperdine University.