Can I get an "Amen!" -- Using the Pulpit of Public Opinion
The most buzz-y program that I've attended so far was the panel on Crisis Management, featuring Charles Babcock, renowned courtroom lawyer; John DeGroote, a GC at BearingPoint, and Richard Levick, CEO and President, Levick Strategic Communications. It was a very full house of 200 or so and I'd be surprised if Mr. Levick didn't come away with some serious business -- his presentation was dynamic, definitive, and persuasive. (Plus, it's hard to argue with the sympathy that he his firmed as helped to create for, of all, people, Gitmo detainees.)
All the speakers agreed that when a crisis erupts -- CFO indictment, toxic leak, plant fire -- you need to walk a fine line between "no comment" and spilling your guts in public. "No comment" is old school. It certainly is what criminal defense lawyers, as well as many civil defense lawyers, has relied on as the ethical and measured response to disasters. But now, "no comment" in a sea of comments from the other side means that you lose the 13 people who are going to come from a heavily poisoned jury pool (the 13th being the judge). However, trying to tell your story from once upon a time to unhappily ever after never works out. Even if you are telling the absolute truth, SOMETHING you say will be turned against you -- either in the literal legal sense or in the court of public opinion. So, (1) know and assemble your crisis management team well in advance of any hothouse situation; (2) when the disaster strikes, have a script and stick to it; (3) provide the press with what information you can.
Richard Fuld of Lehman was used as an example of what not to do. Don't annoy the press by being arrogant and aloof; don't blame the press when your disaster strikes (he did exactly this in Congressional testimony); control your image as a likable player and it's less likely that you'll come out a villain (or that your bosses or members the board or management team will look bad).
sam
