In-House Counsel

Handling Press Inquiries

Experienced public relations folks are quite cautious because speaking to the press can be far more dangerous than it seems.

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“I’ll handle this public relations disaster,” says the newcomer.  “I’ll call the reporter back and tell him, ‘I’m going to tell you exactly the same thing that I told the Wall Street Journal yesterday.’  That way, the reporter will know that he’s not getting anything new.”

The response was a chorus:  “What?”

One voice continued:  “If you mention the Wall Street Journal to the reporter, that guarantees that the reporter will write an article.  And he’ll write it quickly.  If you mention the Journal, you’re announcing that the media are investigating this, there’s a story here, and the second-rate newspaper should jump to beat the Journal to the scoop.  Never mention to one reporter that you’re talking to another reporter.”

“Oh.  Well, I guess I’ll just urge the reporter to write an article that praises our company, BigCo.”

The response was a chorus:  “What?”

One voice continued:  “Never in the history of mankind has a publication written an article that praises BigCo.  That’s not a news story.  The only story is that BigCo did something wrong and hurt some little guy.  You have essentially no chance of convincing a reporter to write an article that praises BigCo.”

“Oh.  Well, I guess I’ll just threaten to sue the reporter.  That’ll keep him from writing anything.”

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The response was a chorus:  “What?”

One voice continued:  “Never threaten to sue a reporter.  You’re probably starting with a silly little story that nobody cares very much about.  If you threaten to sue a reporter, then the threat of a lawsuit will become a new — and bigger — story.  The first reporter will write that you threatened him.  Other reporters will pick up on it.  And if there was anything funny or provocative about the underlying facts, the story will go viral, and you’ll have created a public relations crisis.”

“Oh.  Well, I guess I’ll call our employee, Jarndyce, and ask Jarndyce what really happened.  Then, I’ll give the reporter our side of the story.”

The response was a chorus:  “What?”

One voice continued:  “When you ask Jarndyce what happened, Jarndyce will lie to you.  Or Jarndyce will innocently cast what really happened in a more favorable light than it should be cast.  When you finally get around to reading the 10,000 emails on the subject, it’ll turn out that the story was nothing at all like what Jarndyce told you.  At trial, you’ll be criticized for having lied to the press.  Don’t speak until you’re really ready to speak.”

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“Oh.  Well, I guess I’ll just get the reporter to retract the incorrect stuff that he’s written in the past.”

“You might achieve that.  But you’ll get a one-sentence retraction tucked on the back page of the paper.  Nobody will ever read the retraction.  And, if anyone reads it, the retraction may just draw more attention to the original article.”

“Shoot.  What are you saying?  That we shouldn’t talk to the press?”

“Maybe.  Our job is to keep small reputational issues small.  Don’t prompt new articles.  Don’t cause small stories to become big ones.  And reduce the impact of big stories.  Many companies routinely refuse to comment to the press, or they say only that they can’t comment on client matters, or pending litigation, or confidential business issues, or whatever.  But there’s good reason to be cautious.”

Now the newcomer is beginning to understand why lawyers annoy the PR rookies.  And why experienced public relations folks are frequently quite cautious.  And why speaking to the press is far more dangerous than appears at first glance.

Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

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