Johnny Depp v. Amber Heard trial: A lesson in crisis/litigation management

For those following the Johnny Depp v. Amber Heard trial, it is difficult to distinguish whether it is a trial or a circus. Not since the O.J. case has there been so much interest and chatter about a celebrity legal case.

And it’s not an accident.

We know that all “A” list celebrities have PR publicists working the media to spin their side of the story. Now that we live in an age of social media where everybody has a voice, it is even more visible.

When it was Johnny’s turn on the stand, the social media chatter was clearly on his side. Hashtags and nasty comments about Amber were everywhere. People called her crazy. Depp’s PR team had the upper hand.

So what was Heard’s response? She fired her PR firm.

According to online sources, she was furious at the bad headlines she was getting. So she switched publicists. However, she did it right before she took the stand and had a chance to tell her side of the story.

Whether the new PR people have done any better getting her side of the story out is debatable. The anti-Heard damage was deep and widespread.

The lesson to be learned is you don’t get much by killing the messenger. The trial was broadcast live, and people were able to make their own decisions and post their own thoughts without going through the filter of Amber’s PR team.

There is only so much a PR team can do to spin an image when courtroom testimony brights out craziness. But it was a move that Heard should have thought about before dumping the publicists who had been following the trial since its beginning. She never gave them a chance to help tell her side of the story.

And judging from the headlines and social media that continue to favor Depp, her kneejerk reaction to switch publicists before they had a chance, was simply foolish.

A PR crisis requires waiting and knowing the facts

The Robb Elementary School in Uvalde, TX in which 19 fourth-grade students were massacred, is a textbook example of how not to properly handle a PR crisis.

Two days after the tragedy, law enforcement were in front of cameras fielding questions and attempting to explain what happened. The only problem is their story kept changing.

This event can hardly be called a PR crisis. It is beyond imagination that 11-year-old kids would be brutally killed. But the intense media attention pressured law enforcement to feed their desires for information. They were pressured by the media for an explanation and answers as to what happened.

The parents deserve nothing less.

Instead of law enforcement — which has the hardest and most dangerous jobs in the world — were pressured if not bullied into meeting with media to explain the details and timeline of what they did. They first said the gunman was met outside the school by a School Resource Officer who was shot. Then, officials said that never happened. Then, they said they could not find the key to the classroom. That explanation went away. At this writing the story now is police locked the gunman in the classroom with the children and waited an hour for SWAT.

There is no doubt other explanations will emerge.

It takes a special kind of person to run toward gunfire to save lives. Not many people can do it, and nobody should unless they are trained and have extraordinary bravery.

But if law enforcement is making up the series of events day by day without knowing what really happened, they are doing a disservice not only to themselves, but the millions of other parents who rely on schools to keep their children safe.

It is easy to second guess law enforcement. We weren’t there. We were not navigating the chaos. But law enforcement only makes matters worse by trying to satisfy the media without knowing all the facts.

How your nonprofit can stand out

Nonprofit organizations typically hire public relations and marketing firms to help them stand out. It is obvious why a corporation with the objective of profit wants to become better known, but why does a nonprofit with a mission need to stand out?

The answer is simple. Nonprofits compete in the marketplace just like corporations do.

They compete for attention. And they compete for dollars.

So how does a nonprofit present itself as unique when there are literally thousands of other causes in the marketplace like Los Angeles and dozens that do the same thing?

Having represented upwards of 100 nonprofits, we can say with certainty that it is not simple. But it can be done with a solid PR / marketing plan and consistency.

When creating your PR messaging, it is not enough to simply say on your website what you do. Too many nonprofits do the same thing, and most do them well. What you need to do is engage your audience. You need to have a conversation with them about what you do. In addition to outlining your services, the nonprofits that stand out also speak to their audiences via social media and events about what is currently happening in the space you are operating.

The world changes rapidly. We all know this. If your organization is not communicating with your audiences about issues relevant today, then you risk being just another organization that does the same thing your competitors do.

It takes work. It takes time. But it will yield results.

Now is not the time to score political points

With the horrific mass shooting at Robb Elementary in Uvalde, TX where 19 fourth-grade students and two teachers were murdered, one would think politicians would take a breath.

But for some, political power is all that is important. We are in the midst of a primary season leading to the Nov. 2022 mid-term elections. Mere hours after the shooting, we saw politicians pushing their political agendas on gun control and related matters. Today, the day after, we see would-be politicians running social media ads touting how they will stop school shootings if people would only vote for them.

Yes, a big part of public relations strategy is to be relevant. PR people always try to tie their clients or causes to current events. But to use such an incredibly horrible tragedy to further a campaign message to “vote for me I can fix this,” is nauseating.

Now is not the time to sell products or sell candidates. Now is the time for reflection, sympathy and empathy.

If there are any political strategies we would advise a client right now, it would be to stay quiet and support the grieving families in any way possible.

Not see it as an opportunity to get elected or re-elected.

Kids were murdered. Your political careers can wait.

Excite your readers with words, not exclamation points

There is a tendency for some beginning writers to add exclamation points to the end of their sentences! Some think that if they end a sentence with a (!) that it will excite the reader and indicate what the reader just read is really important.

I disagree, especially in the public relations business.

Exclamation points need to be left in third grade. If you have something exciting to say, say it with words not punctuation. A reader doesn’t need to be signaled that what they just read is really important or exciting. It is like telling someone they need to turn on their computer before they can use it. People know.

Plus, it makes the writer look inexperienced.

So say it with words, not punctuation marks — especially not exclamation marks.

Circling Back

The PR business is built on words. And the words we use matter.

Over the past several years, we hear the same cliche words used over and over again in the media and in our personal and business communications. Here are some:

Circle Back: This means “I’ll get back to you,” which is a common way of really saying “Don’t know, let’s forget about it.”

Narrative: People describe what they say as a narrative. “The industry narrative is such and such.” How about, “Here’s the story, or here’s the reality.”

Reach Out: I hear or read someone use this term a million times a day. Aren’t they really saying “I’ll contact you?”

I could go on and on and you could as well.

In the marketing / public relations business words matter, so our advice is to speak in plain English and avoid over-used cliches.

Loughlin and Litigation PR

Word is spreading that Lori Loughlin and her husband Mossimo Giannulli, who are accused of paying bribes to get their daughter into USC, now are shopping for a crisis litigation PR expert to resurrect her image.

We are not among the firms contacted, and Loughlin’s publicist denies the report.  However, two crisis PR firms, who chose to remain anonymous, told CNN they were called to discuss public relations strategies because Loughlin is quite upset that all the news about her is about the scandal and not her career.

Whether this is real or fake news, both firms said they turned down working for Loughlin.  And for good reason.  When someone is faced with criminal charged – charges that could result in jail time – a career should take second place to beating the case.  It won’t do much good to have a great image while in prison.

The example that is commonly cited for a celebrity image resurrection is Martha Stewart.  Stewart was convicted of a stock fraud scheme and served time in prison.  She did her time, her company continued without her, and when she was released she picked up where she left off.  Today, few remember or care that she is a convicted felon.

Since Loughlin pleaded not guilty, rather than guilty as the others did, the government added charges of money laundering and hence potentially more time in prison if convicted.  This could be legal maneuvering or maybe denial, but in any event, it doesn’t look good for Loughlin and Giannulli.

So let’s take a look into the future.  Suppose she does prison time (unlikely as it is) and after a year or so gets released.  Can she pick up the pieces of her acting career?  Already since the indictment she has lost her Hallmark contract and other acting jobs.  She is essentially “Hollywood toxic” as of now.  Her daughter, Olivia Jade lost most if not all of her sponsors for her YouTube channel.  But she is young and Loughlin claims she didn’t know of the scam.  Time will tell.

If Loughlin goes to prison, her first task will be to write a book.  It will be a tell all book about “doing the right thing” and how to succeed after a major setback.  This, if she admits wrongdoing, and that’s a big question.  Then, the release of her book will be timed with her release from prison so she can make the talk circuit rounds.  She’ll do The View, Colbert, 60 Minutes.  The usual round.  She will talk about what she has learned and how it made her a stronger person.

For those of us in the crisis PR business, there is a template for re-creating an image.  There are limits, such as heinous crimes that can’t be forgiven, but most celebrities are the white collar sort of criminals.  People forgive and forget, especially if they were not hurt personally.

There is no doubt Lori Loughlin and Felicity Huffman will land on their feet, sooner or later.  Fortunately for them they have the financial means to stick it out, buy the best lawyers and pay the bills.  The lasting mark will be on the internet, on their Wikipedia pages that will note their transgressions but it is more likely than not that if they do time, they will resume their lives with the help of professional crisis PR experts.

Key to PR is media attention. But how to get it?

Everybody wants PR. Publicity and marketing for nonprofits can make a huge difference in fundraising and growth. And when in litigation, PR can help win or lose a case.

But today’s media world is dominated by politics. The left vs the right. Investigations and interrogations. It appears the air is being sucked out of storytelling, which makes it more challenging for nonprofit organizations to convey their message to target audiences.

And with all the talk of political legalities coming out of Washington and Sacramento, civil litigation cases need to be much more intense, interesting, unusual and important than just a couple of years ago. More important, they need to be positioned as such, which is where professional PR people come in.

Today, communicators need to be smarter than yesterday. Social media is fast overtaking traditional media and always beats them out in speed. Many people get their news from Twitter and by the time the LA Times posts the story, it is already around the globe on Twitter, Facebook and other platforms.

While all of the above is the reality, it also is the reality that communications today is as, if not more, important than ever. With all the avenues of communication, come opportunities for more outlets. Yes, stories get out quicker and often not by professional journalists. Everybody carries a camera in their pocket and within seconds it is online. But that doesn’t mean there isn’t a place for journalistic professionalism. Yes, a video may be posted, but the explanation or what happened can only come from journalists.

This is all to say that if a nonprofit or corporation wants its share of publicity, it has to be smart, fast and nimble. It work with professionals who spend all day focused on the media so when opportunities arise, they can jump in. This is especially true when a crisis occurs. In crisis communications the biggest challenge is time. You need to get your message out immediately because the media demand so. Giving it thought and strategizing is important, but then action must be taken.

These challenges will only exacerbate. The world will function faster not slower. As information travels at the speed of light, so much communicators.

And that’s what we do.

Marketing yourself by being yourself

Sen. Elizabeth Warren’s attempt to market herself for the 2020 presidential race has started with an Instagram Live session.  In it, Warren first pops open a been, hugs her husband and talks to people while casually leaning over her kitchen counter.

She no doubt is channeling some of the younger members of Congress who were raised on social media and use it naturally.  But Warren is of a different generation and trying to act natural in a medium they really don’t understand only leads to disaster – and lots of social media ridicule.

That’s what happened with Warren’s attempt to look “cool.”  Instead of appearing relatable to the average person by drinking beer instead of champagne, she looked like she didn’t know who she was, who she wanted to appeal to, and very awkward.

The first rule of marketing and PR positioning is to know your product.  It can be a car, soap, cereal or a person.  You’re not going to sell a Chevy by pretending that it’s a Bentley.  And a 69 year old politician is not going to fool anybody by doing Instagram Live, even if she learns what iPhone buttons to push.

Sen. Warren wants to be Native-American.  Now she wants to be young and hip.  She obviously is successful having been elected to the U.S. Senate, but she is not a 20-something millennial and nobody is buying it.

Whatever messaging she did to get elected is what will carry her further, if that is her destiny.  Trying to redefine a personality is a tough task, especially in the eyes of your marketing audience.

And that’s all that matters.

 

 

Marketing nonprofits in the age of the soundbite

One of the most frustrating aspects of marketing is not getting the space or time needed to fully tell your story.  Not all products, services or organizations can be explained in six words.  Yet, today’s media demand that you find a way to do that.

It is called the soundbite, but we are all familiar with it.  The media move at lightening speed.  Guests on TV are given only seconds to explain their organization before the host shoots a follow up question.  The thinking is audiences today have the attention span of a two year old.  And they probably do.  With switcher in hand, TV watchers are all to eager to hit the button and turn to a another show if they find themselves just slightly bored.

There is nothing PR and marketing people can do about this.  It is the way of the world.   All we can do is deal with it and prepare our clients.

That’s why when we prep clients for TV appearances, we teach them to talk in soundbites.  They need to get the essence of their messages across immediately. If they don’t, their comments will either be chopped up or deleted entirely.  Host and reporters have it easy.   They have pre-prepared questions they fire off in one liners.  Those on the receiving end are not so lucky.  They need to be prepared for any question, and be prepared to shoot back an answers as short and meaningful as possible.

Some call it the “elevator speech.”  But we are not talking about a speech here to explain your organization to a group.  It is much different being in front of a camera, lights shining in your eyes, microphone in your face.  The nerves can set in.  Words don’t always come out as you intended.  And if it is live TV there are no second chances.  Making a difficult situation worse, it lives on via YouTube.

The only way to handle these situations is simple: practice, practice and more practice.  If you believe in what you are saying — and that is step one, then practice saying it in succinct language.  Practice answering different questions, and the same question asked differently.  The more you practice, like playing an instrument, the more proficient you will become at conveying your organization’s marketing and PR message.