Pressing issues

We are all familiar with the sight of lawyers delivering statements and fielding questions on the steps of a courtroom. Often, they’re at the centre of significant events that bring the individual and their firm to public attention. 

Yet lawyers and firms can find themselves interacting with the press in a wide array of circumstances. You may be involved in cases of public interest, or asked to comment on your firm’s management, developments in the law or a particular area of expertise. Perhaps you’ve had media training, perhaps not. Whatever your position, considering some key issues can help you present yourself and your clients in the best light and enhance your engagement with the press. 

Consider your professional duties

Client confidentiality

To begin with, always bear in mind that your professional duties apply when dealing with the media – the most important duty being that of client confidentiality, as set out in paragraphs 6.3 to 6.5 of the Solicitors Regulation Authority’s (SRA) Code of Conduct for Solicitors, RELs, RFLs and RSLs. “This duty may extend to not being able to say that you’ve been instructed in the first place,” warns Julie Norris, a partner of Kingsley Napley’s legal services regulatory team. “Clients must expressly consent to law firms telling people that they’ve been retained by them.” This consent must be fully informed. 

Many firms ask new clients how they’d like the firm to deal with press enquiries and statements, and who the client’s contact person on media matters will be. “You should establish the parameters of that consent – for example, whether you can comment generally on a matter or only on part of it,” advises Norris. “When you speak on a client’s behalf, make sure that you don’t stray outside the bounds of what that client has permitted. Don’t be lured into talking off the record, and always remember to keep the client updated – promptly – on any dealings or discussions you’ve had with the press.”

Internal investigations carried out in a firm can also be problematic if the press becomes aware of them. The confidences of witnesses, victims and respondents must be respected, and statements to the press may risk identifying a complainant or respondent. In these circumstances, firms may justifiably decline to comment. In some cases, such as where a complaint has been made public or an issue is in the media spotlight, it may be possible simply to confirm that an investigation is under way, without going into detail. 

SRA Principles

Other general duties can also come into play. Principle 7 of the SRA Principles obliges lawyers to act in the best interests of their clients. You therefore need to clearly discuss with the client how media attention may affect them. 

Overarching rules are contained in principle 2, which obliges solicitors to act in a way that upholds public trust and confidence in the solicitors’ profession and in legal services; principle 3, which requires them to act with independence; and principle 5, to act with integrity. Norris reminds firms that the principles are all-pervasive and apply to everyone in a firm. 

Duty to the courts

Another significant duty is that to the courts. Solicitors must comply with reporting restrictions and court orders on media relations to avoid being sanctioned by the court for being in contempt, or by the SRA for being in breach of its standards and regulations. Norris stresses that only matters in the public domain should be discussed, and no discussions should in any way prejudice judicial proceedings. She also cautions firms against criticising judges and juries: “Saying a decision is ‘disappointing’ is often a diplomatic way of dealing with a result that isn’t to your liking. Respect always has to be shown for the judicial process.” 

Threshold issues 

Many issues involved in dealing with the media are the same, whether you’re dealing with print / online publications, radio or television. 

The first port of call for most journalists is the firm’s reception. Some firms have a dedicated press or media officer. If they don’t, there may be another person who deals with the media, often someone in the marketing department or – in smaller firms – the managing partner. A particular person may be designated as the spokesperson in specific cases or to speak for a specific client. It’s important that everyone in the firm, especially those in the front of house, knows who that person is: confused or uncertain responses to a request to speak to the person who handles media enquiries create a poor impression of your firm. 

Another threshold issue is whether you can – or should – comment at all. A simple “No comment”, however, can appear unhelpful and too abrupt. Journalists find it more palatable – and better understand – if you explain why you can’t make any comments or statements. 

In some cases, a court ruling may prevent comment, or a client may not be ready to do so. In others, you or the person who usually comments on a particular issue simply may not have the time. Whatever the reason, an honest answer will be appreciated, especially if it’s presented sympathetically – for instance, with the proviso that you’re happy to be approached in future about some other story when your schedule is less pressured. Likewise, if you agree to an interview but sudden work pressures make it impossible, say so immediately so the press involved can find someone else. 

What’s the purpose of the interview?

At the outset, get some basic facts about the story:

• Who’s the publisher or broadcaster?
• What’s the story about?
• What’s the timescale and the deadline for the story or programme?
• How long will the interview be? 

This helps you decide if you can – or want to – respond. If you do, determine the best person to speak on behalf of your firm (if you haven’t already selected someone to act in this capacity). 

How will you deliver your contribution? It could be by telephone, an online session or in person. You may be able to state your preference. It’s usually helpful – both to journalists and contributors – to have questions prepared beforehand. If this is what you want and it isn’t offered, ask for it. 

In dealings with print media, particularly, it’s tempting to offer written comments only, especially if you’re under time constraints. But written comments often lack something: they don’t always give a sense of the interviewee, and they can sound formal and may not fully answer the questions. A useful compromise is to agree to follow up your written responses with a shorter telephone or online conversation if needed.

Usually, you don’t have the right to read the whole story before it’s published. However, you can ask to check your quotes, especially if you’re discussing technical subjects. Some publishers won’t agree to this, especially if there’s a tight deadline involved. But remember, if it is agreed, stick with amending matters of fact; don’t start to edit or make changes to someone’s writing style. 

What you say and how you say it 

When giving interviews or making statements, always be polite and respectful in your general tone and approach. In interviews, speak clearly and make sure you don’t go too fast: this is a common mistake, but if you speak quickly your comments can be missed. Don’t try to take over the interview or stray from the questions. Always remember the key focus of the story to ensure your comments are relevant: those that aren’t won’t be used. 

Make sure that you pitch your comments so they’re suitable for the target audience. So, if you’re a specialist commenting on family law or property law matters, for example, your audience may range from professional or industry specialists who know the subject well, to a general audience that knows little about it. Steer clear of complex explanations and legal jargon, especially if the audience is the general public. 

Bearing in mind any court or client constraints, always be prepared to be honest and forthcoming. Whatever medium is involved, say something that’s useful and engaging for the reader or the audience; bland, neutral comments aren’t interesting or often usable. 

A common mistake lawyers make is to utter self-serving statements about their firm, or ‘branding comments’. Keep these firmly in your marketing material: they’re almost always cut, and you’ll have wasted the opportunity to say something interesting that the interviewer will want to include. 

Some subjects, naturally, are controversial and politically or socially sensitive. In some cases, lawyers may have strong views of their own, or their clients may be particularly interested or active in areas involving desired legal reform, regulation or perceived injustices. In such cases, you need to think particularly carefully about how you present your own views or those of your client, not only so you achieve the right tone and level of information, but also so you adhere to your professional obligations under the SRA codes and principles. 

Radio and television interviews

Radio and television interviews involve special considerations. Keren Haynes, co-managing director of Shout! Communications, which offers media training in this area, sees the perfect spokesperson as someone who is willing and available, entertaining, authoritative, presentable and opinionated. 

Being willing and available is particularly crucial, she notes: “Broadcasters have set times of the day for their news and programming, which can’t be delayed. They may decide to do a story at the very last minute. If you get an opportunity to participate, you’ll have to do it when they say, or they’ll need to go elsewhere.” 

Being entertaining – which simply means being enthusiastic about your subject in this context – will also come in handy. Haynes urges people not to let nerves dampen their energy. “In media training, we sometimes encourage people to go a bit over the top with their enthusiasm, which will come out just right when it’s recorded for radio or television.”

Being authoritative, she says, comes from knowing what you’re talking about, so you need to know your subject well. And for television, being presentable means creating the image that you want to project and meeting the audience’s expectations about what a lawyer looks like. “As for being opinionated,” Haynes adds, “broadcasters like to offer opposing views because that’s more interesting than everyone agreeing on the same topic. So have a view, and think about how you’ll present it.” 

On the day, and especially if you’re going into a studio, be punctual to avoid being flustered, and factor in extra time for hair and make-up. That said, there’s often a pecking order for this, and if you’re not the most prominent guest you may miss out – so, if you wear it, be prepared to take and use your own make-up.

The medium and type of programme involved influences the style and content of the interview, and whether the programme is recorded or broadcast live also makes a difference. “If you have a choice, go for a live programme,” advises Haynes. “It can be more nerve-wracking, but you may have more airtime and more editorial control. With a pre-recorded interview, you may have to weave in any key message you have more than once, as your interview can be edited down.”  

Whether the interview will be used for news or programming is another important detail. “In news, your comments can be cut down, so you need to stick to your main point. In programming, you may get to have a longer discussion,” says Haynes. If you’re working with a public relations manager, they might be able to tell you about the interviewer and their style if you’re not familiar with it.

As with print media, radio and television interviews can be about a whole range of subjects, and you need to anticipate the questions – or ask for them beforehand, if you can – and think about how you’ll answer. 

Message and style

Whatever the subject, remember your key messages – and be enthusiastic. Do you have a call to action? What do you want your audience to do as a result? If the story is about a report, for instance, can you summarise it promptly? As with print interviews, avoid self-serving statements and ensure that your comments are useful and worth listening to. 

Haynes urges people to remember that not every interview is a grilling – far from it. Still, nerves and anxiety are often more of an issue with broadcast media, and she recommends engaging in breathing and voice exercises before you go on. “When people are nervous, they often speak in a lower voice too, so remember to project your voice – and smile before you start.”

There are also important distinctions between radio, television and print media. For radio, in particular, make comments that are clear and concise, remembering that radio listeners are multitaskers. “Stick to a few key points or observations,” Haynes suggests. 

You can be chattier than you’d be for television, however. “Commercial radio listeners are often younger, so, for that audience, make your comments shorter and more upbeat. For the BBC, you can be more considered,” Haynes explains. 

Television tends to be more formal, so you should adopt a more measured conversational tone for this, she says. “Television is also all about pictures, so if you have a crew coming to your office, think about the background of your interview. A plain white wall is the worst! Don’t sit in front of a window because the light will be behind you, which isn’t good. A tidy desk with a bookcase behind you can work well, and good eye contact is critical.” 

For both print and broadcast media, help bring your comments to life by using relevant examples or case studies where possible. Although it’s advisable to map out your answers beforehand, you should aim to sound natural and unrehearsed. If an interviewer takes you by surprise by straying from anticipated territory, don’t just say an abrupt “No comment”, as this makes you look defensive.

If you face aggressive questions or interruptions, remain calm and controlled, and maintain eye contact. Haynes elaborates: “If the question is aggressive or leading, try to reframe it, pivoting to what you want to discuss. Or play for more time and ask for clarification so you can answer with more authority and control. Sometimes, the interviewer just wants a simple yes or no answer to a tricky question, but generally, they’re looking for more insight and some expansion on the topic.”

Future-proofing your firm

According to Norris, many firms have a media policy in place, which is a sound idea. Such a policy should include identifying the people who must be told about media enquiries and who can speak for the firm or for a client. Like most policies, it should be well-publicised throughout the firm and updated regularly. Media training, too, is a good investment, especially for your firm’s spokespeople. 

Whatever the size of your firm, being prepared for your dealings with the media should help you avoid anxiety and unintentional mishaps – and will help you promote your firm and forge some rewarding relationships.