The recent attacks in the Middle East have been a test for law firms, universities, and companies of all sizes around the country, with many brands caught in a communications dilemma they never anticipated. In an era of ESG characterized by heightened awareness of social justice issues, including terrorism, racial injustice, and reproductive rights, the question of whether law firms should take a public stance has become a significant discussion among firm leaders, businesses, and their employees.
While the ability to remain apolitical is the most comfortable of choices, the landscape has evolved in recent years, making it more challenging for firms to stay silent. Employees, clients, and the public want companies and law firms to lead and take a stand. While it is impossible and impractical for law firms to speak out on every issue, often there will be a moral reason that compels businesses to speak up. The question law firms all face is when to speak out and how to position your response.
Should your Firm take the lead, drive the conversation, or stay silent on the issue? When is the appropriate time to make a statement? Respond early, and you will quickly find the clients who align with your core values. Comment late in the game, and it could look like you are just jumping in so you aren’t left out., playing it safe Should your statement be all encompassing or address specific parts of the situation? How will you create a message that says enough and one that is authentic? These are all questions to ponder.
Deciding when and how to comment on a significant social or political issue is challenging, especially since law firms are representing multiple partners and filled with staff from a variety of backgrounds with diverse viewpoints. Given all the variables, law firms will find themselves in the delicate position of balancing the sentiments of clients and employees before deciding whether to make a public statement or not.
Analyzing the landscape and understanding their capacity to support various causes within their client and employee base can guide firms toward making informed decisions. Supporting specific causes can also reinforce standing within the legal community and with others who have made their position known.
However, engaging with hot-button issues presents risks. Law firms face growing competition for clients and next generation lawyers, making staying neutral less of an option. Those who take courageous stands allow people to make a conscious choice to work with a firm that shares their values, and that goes both ways. But while speaking out on these matters can be a platform for educating, it also has potential downside. Unknowingly you may offend clients, prospects or employees with a different point of view.
When deciding on internal and/or external communications regarding a controversial issue, there are questions you may consider which can help provide clarity:
Who is Impacted? Will your staff and clients be directly impacted by the event? What is the cost of saying nothing? Will there be pressure from employees, clients, or vendors, to declare a position? As societal expectations evolve, the pressure to respond becomes more frequent. Tread carefully. Before saying anything, ask why we are commenting on this. Who does it impact our clients, employees, and operations?
What is your Firm's obligation? Do law firms have a moral obligation or a responsibility to do the right thing even if it could lead to backlash or loss of revenue? Working these scenario is out early through tabletop exercise with key members of the Firm will lead you to answers. Include diverse voices to provide fresh insight and different perspective. Discuss with the group whether the issue aligns with your organization's mission. Is there a compelling reason to make a statement? Does it align with your mission. Have you made statements in the past?
Will your employees support the cause? Is the issue divisive and likely to cause internal disagreements? Your internal audience is diverse and may have differing opinions on what should or shouldn’t be said. In our polarized world, unanimity is rare, so expect differences of opinion within your Firm and differences among generations and other demographics.
Will your statement align with your values? One thing is non-negotiable if you decide to speak out, authenticity and credibility hinge on tangible actions you take to reinforce what your statement says. Defining your organization's values is of paramount importance. Ensure that your statement aligns with your core organizational values; otherwise, it may be viewed as inauthentic and lacking credibility, rather than contributing to the conversation.
Escalating social issues nationwide or on a global level are occurring more frequently. People are looking to business leaders, including law firms, for guidance. Investing thoughtful energy in defining your organization's values and the actions that reflect them is a crucial step in navigating the complex terrain of public statements.
This article was originally post on Law.com
Elizabeth Lampert is a PR and crisis communication strategist and President of Elizabeth Lampert PR. She can be reached at Lampert@elizabethlampertpr.com