The Weight of Your Word: The High Stakes of Public Statements

Jennifer Simpson Carr: Welcome to today’s episode of On Record PR, where we discuss the strategies and insights that matter most to law firm leaders. I’m Jennifer Simpson Carr, Vice President of Strategic Development at Furia Rubel Communications, and I am joined today by an esteemed member of our international faculty, my friend and colleague, Brenda Plowman. Hi Brenda.

Brenda Plowman: Hi Jennifer. It’s so good to be here.

Jennifer Simpson Carr: Good to see you. Today, we’re tackling a topic that can make or break a law firm’s credibility, and that’s public statements. It’s an issue that you recently presented at the ABA National Conference of Bar Presidents in Phoenix. I know in previous episodes we’ve discussed how legal leaders are under increasing pressure to respond to major events. Many of the social and political changes we’re witnessing globally, even daily right now, are really emotionally charged. So, I’m curious what the general sentiment of the attendees at the conference was.

Brenda Plowman: It’s a great question. And you know, I’m thrilled to be here. This was a real moment in time, with the opportunity to speak to those presidents of the bar associations, all different points of entry; some of them have been in their role for a while, and some of them are pretty new to their role, and I can tell you, this is top of mind. It’s certainly at the top of those Bar Association presidents’ minds, given what you already talked about, which is the daily change and the impact on the rule of law. Certainly, you know, the continuous executive orders that are coming out really impact what law firms are. The very essence of what lawyers and law firms are about.

So, this was a session where there was real engagement, and we got the opportunity to do a workshop the next day after the presentation that I did. I had a chance to share some of this with you, Jennifer, but the topics that people were bringing forward were compelling, really big topics and big issues that they’re thinking about as presidents of their bar association. So it really was top of mind. How do they do that in a non-emotional way that is in the best interest of their overall association?

Jennifer Simpson Carr: Yeah, I can imagine that it’s difficult in any position, but in a leadership position, to step back and take the emotion out of some of these issues that we see reported daily. Public statements can carry weight, and silence can carry weight, both in their own way. So you were the head of one of the largest firms in Canada for almost 20 years, and I am sure over that time, you’ve witnessed so many opportunities where the firm had to decide, “Do we take a public stance? Do we remain silent on these issues?” So, can you just talk briefly about why getting a public statement right is so critical for law firms and what’s really at stake?

Brenda Plowman: Well, you know, when we’re thinking about public statements, it’s a complex question, right? A public statement can be a really useful tool, and it can really help you state your intended goal and approach. But most of the issues we’re talking about today are complex, and they’re not one-sided. And so when we think back to a law firm that I’ve been at or with these bar association presidents, the question for whomever is, really, “Why are you doing this? Why are you speaking out?” And so, in our work, we like to think about your goal. And if we start there, then we can begin to unpack whether or not we should be commenting. The why of that is simply because there are multiple stakeholders, and when you take a position, you’re exposed. It can actually help you build your credibility, but it can also deeply impact your brand, and you may have to retract that statement.

So I’m not actually answering the question maybe directly, but I think it’s more about what I think the focus should be. The focus has to be on why we want to issue this public statement. What’s our goal? And it’s getting crystal clear. You know, you asked me about the workshop I just did, or the presentation in the workshop. We did some work together, where I asked people to really think about a topic that they might want to issue a public statement on and work in tables. When they came back, they reported to the larger group, and they pivoted. Because they thought about what their intention was, and through the dialogue, they understood that maybe what they thought at first was the intention wasn’t absolutely right. Because we were talking about connecting it with the values and the mission of the organization. So, that goal is critical.

Jennifer Simpson Carr: So, let’s talk about the values. There have been so many instances in the past several years I can remember where firms have come to us and have said, we want to consider speaking out on this, or we’re not sure if we should, and one of the first things that we always talk about is, “What are the firm’s values?” Can you talk more about why it’s so important to align your communications and public statements with what the core values of your firm actually are?

Brenda Plowman: Well, I think when you align with the core values, you’re removing the emotion, right? And so, at some level, that’s the simplest answer to your question. We talked at the top of this interview about what’s happening in particular for a lot of firms, about being challenged on all types and matters of the law and the very essence of who our client base is, right? Attorneys, their law firms, etc. So when we begin with the values and all of that work that you and your firm have put together and really align around, it’s the place from which you can make a statement or choose not to make the statement. Otherwise, you’re going to be responding to everything. And you know, issuing public statements can consume you, which takes a lot of time. They take a lot of effort. It’s not just issuing the statements. It’s all the steps that follow. And they also can water down your voice. So, if it’s not really the main issue that you want to talk about, you are risking diluting your brand and your voice. So values actually are absolutely critical. Once you do that, you’re able to start to think about your audiences. And I think that’s really critical as you’re thinking about a public statement because in law firms, there are many audiences that need to be considered, and so that values piece together with the goal, and then aligning that with who your audiences are really starts to bring together a stronger approach.

Jennifer Simpson Carr: You’re working now, and we’re working together with a lot of firms globally that have different target audiences and different intended audiences for messages. Let’s talk a little bit about how law firm leaders can adapt their messaging depending on their intended audiences.

Brenda Plowman: It’s a great question. So I mean, at the core, really, we’re talking about your tone and the words that you’re using, and identifying those audiences out of the gate is really important because, you know, when we think about how we approach each of the audiences, it may vary. The other thing is, with some of these complex issues, once we identify our different audiences, as we go into making our statement, we may want to reflect those different voices and then take our position. That allows us to really show that we have considered the various audiences that are within our network. We’re aligning with our values, and we’re taking the position, but it shows that we’re listening, we’re aware, and that we’re not just going out and really, you know, taking a point of view that might be from one person an executive committee or something like that.

So that’s where the finesse, I think, in the language comes from, and the power of words. So, is it a leadership position? Is it one of support? Again, all of these go back to “What’s our goal?” When we understand, ultimately, who our audience is and what we’re trying to convey, we need to really align the messaging for those audiences. Good or great public statements really affect and sort of speak to an audience versus speaking at them, right? That’s where the power comes from. This is where it resonates. And I’ve, you know, had the opportunity, especially with what’s going on in the environment right now, to read some public statements and to see what some different organizations are doing that are really about conveying the right message to their intended audience.

Jennifer Simpson Carr: That’s a really great point. You mentioned earlier the complexity of some of the political and social issues that we’re dealing with, and I know with the increased pressure on law firm leaders to speak out on these issues, there are so many pieces that they have to consider – the dynamics internally, their clients. Let’s talk a minute about those sample statements you mentioned you’ve seen in the market. Is there an example that you have of a law firm statement or an organization statement that was really used to effectively drive change?

Brenda Plowman: It’s hard to really focus, I think, on one statement, but I do think the ones that I’ve seen as I was preparing for that presentation really reflected a range of perspectives and then took a position, right? That is when you go through the exercise to identify who your audiences are. And you alluded to this, right? There are clients, and clients will have different perspectives. There are employees; there are lawyers and attorneys within your firm itself. And you know, how does that all tie together? It might be different jurisdictions that have different points of view.

It takes me to a couple of opportunities where I’ve been involved in crafting a public statement or even an internal statement. Right? If we think about law firm leaders and trying to really reflect their audience, there are important aspects to consider. We started off again at the top, really talking about these bar association presidents. And, you know, in scenarios like that, there are mandatory memberships, and there are voluntary memberships. There are certain things that some of those bar associations can do and that others cannot. And so really, it’s understanding. This is why we speak so much about really, “What’s your goal? What are you intending to do with this public statement?”

And it goes back to something else I said, Jennifer, which is, you know, it can create a lot of noise and is the noise worth it? Right now, with what’s happening in the world, we could be issuing public statements all the time, because there’s so much going on. So it’s, you know, it’s a powerful tool. But we want you to think, “Why am I doing this? What’s my intended outcome? Who are the audiences that are really going to be affected by this?” And then, you know, is it worth it? Then, go down that path. What we know and in our work, what we try to do with the clients we work with, is it’s not just issuing that public statement. Your work’s really just begun at that point.

Some of the things that I’ve seen around organizations that have issued public statements is they’ve had enough courage sometimes to retract those public statements, and that might happen. You know, there was a scenario with the ABA where that did happen. And so it is really clear on what your goal is, why you’re doing it. It takes a lot of time, and then making sure that you’re following through and following what the outcome is, and if your audience has actually heard the message you intended for them to hear.

Jennifer Simpson Carr: That’s excellent advice. And there’s a lot to unpack with these issues. I know, personally, I’ve tried to take some news and social media breaks. I know in a communications role, that’s pretty hard to do. But I think we’re flooded with changes in the world right now, and for a lot of us, it’s hard to look at that news sometimes. With these emotionally charged issues, or issues in general, law firms can run into pitfalls, and I just want to chat about those for a minute.

Again, there’s a lot of emotion sometimes that comes up with these and a gut reaction, maybe what people are feeling, but as you alluded to earlier, Brenda, you really need to take a step back and assess the goal and your values and kind of what your firm stands for. So, can you talk about some of the most common pitfalls that any leader runs into when they’re thinking about issuing a public statement?

Brenda Plowman: Well, it’s interesting. When you were speaking, the thing that was in my mind was, take a step back, right? And no issue really has one side. So that is a common pitfall, is thinking with being reactionary and thinking this is the position we have to take. The due diligence on making sure that you’re actually spending the time to understand what the issue is and how it will impact your firm, your members, your clients, is well worth it. You know, I think a pitfall could be issuing a statement on everything; as I’ve already said, it can take a lot of time up, and for what benefit when you could be working on other elements of your strategy?

If you do issue a statement, you really want to make sure you’re amplifying your message. You should be backing your words with actions, right? That’s the other thing. So, issue a statement and just carry on. I mean, what’s your firm trying to do? What’s behind that? How are you living up to the statement as well? It’s a downfall. And I think that the piece that I alluded to just briefly is, you know, making sure you’re analyzing whether your message had the impact that you intended. If it didn’t, to have the courage, and, you know, the fortitude, to say, we’re going to change our position, we’re going to take that down, we’re going to do something different, and we’re going to listen to the fact that our message didn’t reach the intended audience. Those are some of the pitfalls.

I mean, there are other things that are more basic that I haven’t talked about. Do you have a strategy or a policy when you speak to the press or the media? These are the foundational elements, Jennifer, that are so key. Do you have a spokesperson? Why should that spokesperson be speaking about some of these issues? You know, what are your checks and balances? Have they had media training? Even people that I’ve worked with for years and years when we’ve gone through tough issues have said the refresh on a media training approach really gave them confidence and reminded them how they should be handling a particular situation. And so, you know, really preparing that individual from your firm. If you’re not in leadership and you’re in communications, make sure that they’re well prepared so they can answer questions. I mean, there are so many things that are simple but critical to being successful on one of these issues that you might be bringing into the world and to the audiences that you’re connected with.

Jennifer Simpson Carr: Those are all great examples of things to consider before even going out with a statement. I’ll make sure in our show notes that we have that list because I think you’ve just presented a really great checklist that leaders can come up with or kind of run through in advance. But I want to thank you for your time today. This has been extremely insightful, and I think it’s a topic that we’ve received more and more inquiries about over the past several years with the increased pressure that law firm leaders and managing partners are under and the increased inquiries they’re receiving from the media on these big social and global issues. I hope we’ve provided some insight today to those leaders who may be thinking more about whether or not to speak publicly on some of the topics that we’re facing today.

I want to thank our listeners for tuning in. We welcome your feedback and any topics that you’d like to hear about. Please feel free to email us at podcast@onrecordpr.com. If you’ve enjoyed this episode, please consider leaving a review on iTunes, and we will see you next week. Thank you again, Brenda.

Brenda Plowman: It’s been my pleasure. Thank you, Jennifer