It's been awhile since I posted. That's because I spent the past year+ in an unsuccessful campaign for mayor of my city, Natchez, Mississippi. During the campaign, I focused on attracting voters rather than new clients or professional relationships. I continued to consult, just not to pursue business development in a systematic way.
Now I'm back and ready to go.
I've also established a subsidiary business, Community Renewal Partners. Rather than work with companies, government agencies or other institutions, Community Renewal Partners will assist communities trying to resolve divisive issues. Please check it out and share it with anyone who might be interested. www.communityrenewalpartners.com
Friday, July 27, 2012
When You're Sued, Never Say "No Comment"
Most executives and attorneys are much more sensitive to the need for good crisis communications than they were when I began consulting in 1995. One thing that has not changed, though, is their propensity to refuse to comment on news stories about lawsuits.
Going back to the days when I was a newspaper reporter, attorneys have typically responded to requests for comment on “suits filed” stories by saying something like, “We haven’t yet seen the complaint, so I can’t comment.” Or, “We never comment on litigation.”
To an attorney, these responses may sound as if they provide some cover, but in reality they are the kiss of death. I have read hundreds of civil complaints, and nearly every one – if all you knew was what you read in the complaint – sounded credible. Plaintiffs’ lawyers are great at drafting complaints that are believably devastating to the reputation of the defendant.
If the defendant doesn’t respond in the news story, the piece will, of necessity, be entirely based on the complaint. So here’s what happens in many news stories about lawsuits:
Smith Electric Co. sued Stanton Brothers Industries yesterday, claiming the electronics manufacturer deliberately ignored the specifications on products it made for Smith and substituted cheaper materials. The lawsuit says the bogus products caused several accidents and injuries and led to a recall that costs Smith millions of dollars. Stanton Brothers attorney Roger Dodger said he could not comment because he had not seen the complaint. The Smith suit claims…(20 inches more on the complaint)
Who benefits from Dodger’s no-comment? Certainly not Stanton Brothers.
Though it may be true that the defendant has not seen the complaint, that’s no insurmountable object for smart people. If nothing else, the reporter obviously has it and can provide it.
In the worst case scenario – and the worst case may be that not only has the suit not been served, but the defendant has reason to believe it probably is meritorious – the company can respond in general terms. Talk about procedures and practices. Mention that no other of your hundreds of customers has ever complained. Bring up the quality award you won. If you have a policy and a culture of rigidly adhering to specs, say so.
Sometimes the defendant knows a lawsuit is coming and knows in general what the allegations will be. If that’s the case, a response should already have been drafted and ready to go with any tweaking required by the actual complaint.
The point is not to debate the case in the media but to give the reader or viewer a reason to be skeptical about the suit, or at least open minded. And – as a final note – saying, “We intend to vigorously defend ourselves against these allegations” doesn’t accomplish that. That’s a fig leaf best noted for its transparency.
Going back to the days when I was a newspaper reporter, attorneys have typically responded to requests for comment on “suits filed” stories by saying something like, “We haven’t yet seen the complaint, so I can’t comment.” Or, “We never comment on litigation.”
To an attorney, these responses may sound as if they provide some cover, but in reality they are the kiss of death. I have read hundreds of civil complaints, and nearly every one – if all you knew was what you read in the complaint – sounded credible. Plaintiffs’ lawyers are great at drafting complaints that are believably devastating to the reputation of the defendant.
If the defendant doesn’t respond in the news story, the piece will, of necessity, be entirely based on the complaint. So here’s what happens in many news stories about lawsuits:
Smith Electric Co. sued Stanton Brothers Industries yesterday, claiming the electronics manufacturer deliberately ignored the specifications on products it made for Smith and substituted cheaper materials. The lawsuit says the bogus products caused several accidents and injuries and led to a recall that costs Smith millions of dollars. Stanton Brothers attorney Roger Dodger said he could not comment because he had not seen the complaint. The Smith suit claims…(20 inches more on the complaint)
Who benefits from Dodger’s no-comment? Certainly not Stanton Brothers.
Though it may be true that the defendant has not seen the complaint, that’s no insurmountable object for smart people. If nothing else, the reporter obviously has it and can provide it.
In the worst case scenario – and the worst case may be that not only has the suit not been served, but the defendant has reason to believe it probably is meritorious – the company can respond in general terms. Talk about procedures and practices. Mention that no other of your hundreds of customers has ever complained. Bring up the quality award you won. If you have a policy and a culture of rigidly adhering to specs, say so.
Sometimes the defendant knows a lawsuit is coming and knows in general what the allegations will be. If that’s the case, a response should already have been drafted and ready to go with any tweaking required by the actual complaint.
The point is not to debate the case in the media but to give the reader or viewer a reason to be skeptical about the suit, or at least open minded. And – as a final note – saying, “We intend to vigorously defend ourselves against these allegations” doesn’t accomplish that. That’s a fig leaf best noted for its transparency.
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