Tips for law firms to handle a media scrum
Lawyers can suddenly find themselves in a media scrum for a variety of reasons, most likely outside a courthouse or police station or dealing with a client or firm issue.
The good news is that the vast majority of lawyers will make it through their entire careers without finding themselves at the centre of one of these stressful, impromptu press conferences.
The bad news is that if they do find yourself surrounded by a circle of clamoring reporters, they have probably had very little time to prepare.
And, as well put by the New York University Journalism Institute, the “disorganisation and pressure of the scrum makes it notorious for drawing remarks that are unplanned or controversial”.
This is why some try to avoid the scrum in favor of more formal venues or by using press releases. But sometimes they are unavoidable and even the most seasoned practitioner can stumble.
Handling a media scrum falls under the category of advanced media relations. This means the road can be thwart and firms need to know what they are doing or hire someone to help who does.
Firstly, the firm spokesperson tapped to address the media in this situation should have confidence or media training. If seeking outside assistance, firms are well advised to hire a law firm public relations, litigation communications or crisis communications agency with personal journalism experience. Ideally daily news political and legal reporting.
A media scrum isn’t for the faint of heart.
But if you find yourself in a situation where the media is standing outside, here are some general tips to ensure you are better prepared to face them.
- Being there is half the battle:
Depending on the level of confidence you’re able to convey, just being on the scene of the crisis to address the media can score important points. Actions speak louder than words and a confident leader can determine how the press play the issue.
2. Confidence is key, honesty is crucial:
In saying that, showing up ill-prepared, determined to simply say ‘no comment’ or without confidence can be disastrous. Letting the media control the conference, being visibly nervous, sweating or stammering, are all signs that the situation may be slipping out of the spokesperson’s control.
When you’re engaging with a media scrum you must convey confidence, decisiveness and leadership. But most of all honesty. If you cannot answer a question be clear about why. This may not be ideal, but it is better than leaving it open to a journalist to interpret.
3. Be (somewhat) prepared:
Even if there are only a few minutes to prepare decide on up to five key points you need or want to convey. Be sure to address the big questions people will want answered, evasion is poor optics. Try to guide the conference back towards your key points. It is better to carry ‘cheat notes’ than give a wrong answer.
And just as importantly, decide which areas or topics you will not discuss during the media scrum interview and have the appropriate bridging phrases at the ready. If the media is receiving answers on most questions they will be more likely to let some slide.
4. Preempt questions:
The first question asked by a journalist at a media scrum will usually be general in nature (for example: ‘what happened in court today?’ or ‘are you able to provide an update on the situation?).
Having a short statement prepared for this obvious eventuality can help a speaker build confidence at the outset. But, much more importantly, it is a perfect opportunity to provide a quick overview stuffed with your key messaging.
If the spokesperson handles the remainder of the conference well, the media will have no choice but to use quotes from this short statement when putting together television and radio broadcast packages and writing articles.
So, in this way, you have guided the media coverage.
However, these scripted sentences must be something journalists are happy with, or they may continue to ask the same question until it is answered in a form they can use. The worse case scenario is that they cannot use the statement quotes and the unscripted follow-up answers are incomplete. This means the journalist will ad-lib your responses.
In saying that, the first question may go to the heart of a issue (for example: ‘what do you think the victims’ family will think about the charge being downgraded to manslaughter’ or ‘did the firm know this alleged sexual harassment by partners was occurring and did nothing?’). But, again, if it is obvious uncomfortable questions will be asked, get on the front foot and address them in your own words at the outset and this may be the quotes used by media.
The spokesperson must be prepared for both scenarios
5. Answer the question behind the question:
Listen carefully to a question for opportunities to avoid giving bland responses and to highlight your own messaging. And for opportunities to address more important questions behind a question.
For example, an emergency services manager is asked how many firefighters are attending a fire? The literal question is how many personnel are on the scene. The question behind the question is: “are the right people on the scene and is the situation under control?”.
Which is the better answer when it comes to providing the best information to the public, satisfying media and enhancing the reputation and professionalism of the organisation? And the answer more likely to be used as a soundbite by media?
“15”
or
”We have 15 personnel currently on-site who are actively working to get the fire under control. They are being assisted by a triage of professionals and we have more emergency services personnel on scene and on-call in the unlikely event the situation deteriorates.”
6. If you have a better story, use it:
Journalists attend a media scrum with a specific issue or issues to discuss. That does not mean it has to be story they run. If it makes sense and if the public or needful individuals can benefit, use the scrum as a public service announcement or as a forum to seek assistance.
Or try to turn the story around or value-add with information that enhances your own position. Try to create the firm as a the authority on the matter.
Or, conversely, try to give them an entirely different story.
But be warned. While this tactic can provide amazing results, it can also very easily backfire. If you are considering using the road less travelled, perhaps seek the counsel of colleagues experienced with media relations or a crisis communications expert.
7. Hand on the exit:
A media scrum should not deteriorate into a situation where a spokesperson is becoming a metaphoric punching bag for media. Once the relevant information has been delivered and the spokesperson has got across the key messages it is okay to call time.
Journalists are accustomed to this and will think nothing of it. Do not feel obliged to answer every single question (unless things are going particularly well!). If there has been appropriate opportunity for reporters to ask questions let them know you have time for one or two more questions.
If a matter is incomplete, let reporters know specifically when they can expect another update. This can be a promise to send out a press release when further details arise or that you cannot speak until following the next step in the legal process.
Or, if it is a court matter, saying: “That is all the information we have at this point. We will have another update for you at 4pm when the court rises”.
Then wind up the interview.
8. Clients in media scrums:
Reasons clients find themselves facing a media scrum can range from a class action, to a client delivering a mea culpa for a wrongdoing, to family of a murder victim who have long sought justice, and many things between.
Most journalists are mature enough to handle these occasions with the solemnity they warrant. Most.
For a firm these situations are delicate and can be handled in many ways and they are always unique depending on context and personalities.
Firms should not hesitate seeking advice on how to best prepare clients and Advocacy Communications is one of few with high-level media and communications experience.
It is also sometimes more appropriate for firms to consider that an ‘exclusive’ interview be given to a single media organisation in place of a media scrum for sensitive cases.
Firms provided the author of this article with such opportunities when he was a mainstream newspaper legal affairs editor and court reporter.
This should guarantee two things. Firstly, the reporting will be sympathetic and, secondly, if it is underlined that the exclusive was given to alleviate stress from the interviewees then credible media will avoid then trying to make contact.
The origin of the term ‘media scrum’ is clearly borrowed from the rugby term to restart play where players from both teams pack together around the ball to compete for possession.
The analogy being that journalists cluster around an interviewee to compete for their attention. How well the press conference plays for the interviewee often depends — as in rugby — on how much practice went into the process.
