When Resolving Your Clients' Legal Issues, Don't Forget The Court of Public Opinion

Few important legal decisions take place in a vacuum.

Decision-makers are influenced not only by the information they are exposed to the in the courtroom or in the boardroom, but also by what they hear, read and observe in the surrounding environment – the court of public opinion.

Decision-makers listen carefully to a wide range of respected voices, including public officials, community activists, trade and business association representatives, and mainstream and – increasingly – alternative media.

Often, legal victory for your client requires that you first determine actual public opinion surrounding an issue – and then either work with or modify that opinion.  This is not a skill that comes naturally to many lawyers.

“More and more often, law firms are better serving their clients by partnering with consultants who specialize in issue-oriented research and communications,” said Drew Kramer, director of strategic communications at InterMountain Corporate Affairs (www.intermountainca.com).

“Even the most outstanding legal counsel can benefit from a holistic approach that incorporates complementary stakeholder outreach services,” said Kramer.

These services can be leveraged on behalf of many types of law-firm clients, particularly those facing:

–        Licensing, permitting, disciplinary or other regulatory matters before government entities;

–        Controversial development/zoning changes;

–        High-profile litigation that could affect a client’s financial health, operations or reputation; and

–        Complex public policy matters in the governmental realm.

Such partnerships can benefit law-firm marketers as well – allowing them to differentiate their firm from others that do not offer such a comprehensive approach.

Kramer participated on a panel that discussed this subject at the Nov. 14 meeting of the Rocky Mountain Chapter of the Legal Marketing Association, held in Denver at The Oxford Hotel.

Other panel participants included James Spaanstra, a partner in the environmental practice group at law firm Faegre & Benson (www.faegre.com), and Lori Weigel, a partner with Public Opinion Strategies (www.pos.org), one of the nation’s leading survey research companies specializing in corporate, public policy and litigation research.

“When most lawyers hear the term ‘communications,’ they think about how it affects them – a way to get their names in the paper and build their reputations,” said Spaanstra.

“Among ‘player’ level lawyers, however, communications is also about the client and achieving a good result for the client,” said Spaanstra.  “These highly successful lawyers – the ones with names everyone recognizes – regularly partner with outside consultants in order to influence the court of public opinion.”

Research

Research provides the basis for any solid communications effort.  “Baseline data let you know where your client’s reputation and market positioning stand – and where they need to go before your work can achieve its desired result,” said Weigel.  “Follow-up research lets you know how you are doing.”

Research can help your client take action that forestalls litigation.  “In the wake of lawsuits charging McDonalds with promoting childhood obesity, the American Beverage Association was concerned about copycat litigation,” said Weigel.

“Our research indicated that this was a valid concern,” said Weigel.  “As a result, the ABA proactively launched a policy of providing more healthful beverages in school vending machines and conducting a public relations campaign around this move.”

Research also can help your clients change the course of legislation.  The Pennsylvania Public Utilities Commission, for example, wanted to structurally separate Verizon in that state.  An administrative court judge had ruled for this action and sent it to the legislature.

“In the interest of thwarting this effort, we tested various messages among key constituencies,” said Weigel.  “Prior to our survey, Verizon thought that the best message would be job loss and higher prices.  In fact, the most effective message turned out to be reliable phone service in case of an emergency.

“An ad campaign used the message ‘Don’t tamper with our phone service,’” said Weigel.  “Voters were urged to contact their legislators.  Plus, poll results were used as a lobbying tool with these legislators.  When it became apparent that the legislature would not support a break-up of Verizon, the PUC backed down.”

Research can also help a law firm with jury selection.  “In one tobacco litigation case,” said Weigel, “the client assumed that the actual behavior of jurors – whether or not they were smokers – would be the most important factor.

“In fact, our research showed that jurors’ attitudes were a more important factor than their behaviors,” said Weigel.  “Potential jurors who believed that government exceeds its proper role – when it prosecutes an industry that is engaged in a legal behavior and when it tries to regulate private behavior – were more likely to be sympathetic than jurors who were smokers.”

Communications

With baseline research in hand, it is possible to develop and test a message, and then systematically get that message in front of decision-makers with the goal of influencing public opinion in line with your client’s best interests.

For example, a consortium of local Denver TV stations is currently engaged in a public relations battle surrounding the construction of a high-definition TV tower on Lookout Mountain – replacing four existing towers.  All three panel participants coordinated work on this project for a common client.

“Initially, a few very vocal neighbors made it sound like everyone was against this tower,” said Kramer.  “They were winning the public relations war on this issue.  This is a very common dynamic – the proverbial ‘squeaky wheel’ getting the grease even if all the other wheels are happy.”

“Our research indicated that the majority of people did not oppose the new tower, and that the message ‘free over-the-air digital TV for Front Range Colorado’ made sense them,” said Weigel.  “As a result, we are helping the client convey this message to the community using a wide range of print and electronic methods.”

One of the nation’s leading providers of waste management services is undertaking a similar multi-tiered approach – with the help of its law- and communications-firm partners.  In seeking a new state license and permit for its hazardous waste disposal facility in Adams County, Clean Harbors has run into opposition from a variety of sources – including local residents and Adams County commissioners.

“Misinformation in public dialogue has been causing confusion among Colorado municipalities and other potential customers of the facility,” said Spaanstra.  “We need to constantly address that problem so our client’s perspective gets a fair hearing.”

“A strategically coordinated communications campaign succeeded in generating supportive editorials in both The Denver Post and the Rocky Mountain News,” said Kramer, “while also ensuring that accurate information gets circulated regarding the complex legal and regulatory issues involved.”

Logistics

Before partnering with a research or communications firm on a client matter, a law firm should:

–        Get a referral, ideally from a client or another attorney;

–        Examine the firm’s portfolio of services, to make sure it meets your clients’ needs;

–        Review the firm’s experience within your client’s industry;

–        Determine the firm’s comfort level with attorneys and complex legal issues;

–        Verify the firm’s relationships – with the media and relevant government officials; and

–        Ask about the firm’s experience in true “public” relations – working with the general public, community groups and activists.

Once a communications partner has been selected, a law firm should:

–        Determine a reporting relationship;

–        Create a billing arrangement that takes into consideration attorney/client privilege;

–        Make sure you will have a consistent primary contact and day-to-day project manager; and

–        Determine media protocols.  Who speaks on the record regarding this issue?  The client?  The communications firm?  The lawyer?

For legal marketers, partnering the firm with other consultants provides a number of additional benefits.  “First, you can position your firm as a “one-stop shop” for complex and highly public cases,” said Kramer.

“In addition, these problem-solving partnerships often yield great case studies that can be used (with client permission, of course) in marketing efforts,” said Kramer.  “Finally, law firms, research firms and issues-communication firms who work together can be excellent referral sources for each other.”

Sometimes, doing a good job of representing your client involves more than legal expertise.  When this is the case, consider the benefits of partnering with an outside consultant for issues-oriented research and communications.

Janet Ellen Raasch is a writer and ghostwriter who works closely with lawyers and other professional services providers – helping them promote themselves as thought leaders within their target markets through publication of articles and books for print and rich content for the Internet.  She can be reached at (303) 399-5041 or jeraasch@msn.com