Crisis Management Key # 3: In the Court of Public Opinion, Silence Equates to Guilt

If I were a lawyer (I’m so happy for you I'm not), I might complain that there's no due process in the Court of Public Opinion. The sad reality is that in a crisis involving a business, service organization or nonprofit, the news media will approach their coverage looking to put the black hat on the “bad guy”... and guess who the leading candidate almost always is?

Decades of 60 Minutes-style journalism have trained the public to expect the worst from companies and corporations when crises arise. Unfortunately, this bias is only strengthened and confirmed by the pro forma "no comment" posture that many companies reflexively retreat to when the media inquiries begin.

So, to successfully manage communications during a crisis, you must be willing to come out of the foxhole and present your side of the issue. Failure to do so invariably leads to damage to the company's brand and credibility.

Okay, okay….. I know what you're thinking... what lawyer on God's green earth is going to let me say anything to the press during a crisis which carries with it legal implications? The answer is, most will if you take the time to explain the dynamics of public opinion.

You need to get the lawyers head out of the law library and into the reality of news coverage. You might begin by reviewing the rules of the road when it comes to crisis communications:

Rule 1: The event will get covered whether you participate or not.


Rule 2: Your choice is to remain silent and let the other side frame public perception of the event OR to speak up and ensure that media coverage reflects your voice and views.

Rule 3: Thoughtful coordination with legal counsel will yield usable content for release to the news media... no matter what the issue.


So... the moral of the story is never, never, ever retreat to a "no comment" mode of communication. No lawyer should object to minimalist statements such as "we recognize the significance of this event" or "we are carefully reviewing this incident" or we regret this tragic incident and extend our condolences to those affected". Always say something. Never let a lawyer muzzle you into a corner from which you'll never escape publicly.