Playing defense
While it’s been happening for many years, the internet – and more specifically social media and review sites – have made the process of trying a case in the court of public opinion long before it hits a court of law more common than ever.
We work on both sides of litigation often, but today we’re going to talk about the defense side. Working with this side we typically see two types of attacks via the court of public opinion:
- Loud and aggressive. These folks can and will over-share case details from their personal social media profiles (we’ve even seen plaintiff’s counsel get in on the act using company pages). Their friends, family, and any outside support that can be drummed up will hit you with false reviews, take out billboards or ad space, protest in person, and clog up your phone lines. They pose not only a reputation threat, but frequently interrupt daily operations as well. This group approaches the media but often turns off reporters or discredits themselves with their behavior. Cease & Desist letters can take some wind out of their sails if they have something to lose, but many don’t, which makes them dangerous. A quick and decisive response can shut them down, they don’t have the longest attention span or the deep pockets to deal with a prolonged case.
- The media darling. You can catch an example of this type on just about any local news station’s evening broadcast. They come across well on camera, they aren’t scared to show emotion, and they’re just keep running into those darn cameras everywhere they turn. Or, more likely, a savvy plaintiff’s attorney has arranged media opportunities for some softball questions. Needless to say, reporters love this group because it gives them easy content. They are usually more careful about the allegations they make and do lose some of the sensationalism “pop” that the first group might grab, but they’re also typically in things for the long haul and aren’t afraid to keep coming at you for months or even years.
Both attacks are most successful when they’re able to stir up an angry mob, and they do it most often by tugging at the heartstrings of strangers who don’t fact-check before taking action. In these cases it’s absolutely critical that ALL of your communications – whether you ‘think’ they’ll go public or not – follow our Three C’s of Credibility, transmitting volumes of compassion, confidence, and competence throughout.
Click to read part two of this series.
Erik Bernstein
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www.bernsteincrisismanagement.com
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