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.

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.

The Marketing and PR Plan for Nonprofits

When we launch a marketing and PR campaign for a nonprofit, clients often ask us, “where do we start?” Unless the client is brand new, they already have done marketing. They usually have social media, issued some news releases, maybe put on a special event or two. and more. Usually with minimal success.

What we virtually always recommend is basic. Create a marketing and PR plan. Anybody in business finds this obvious. How can you build a building without blueprints? How can you get from point A to point B without a map or GPS?

So the first thing we do is the plan. And the plan starts with us getting to know the client. If we are to be an nonprofit’s PR strategist, we need to know everything about them. We need to know their strengths and weaknesses. What they have done and what they plan to do.

After we become oriented, we conduct interviews with key personnel to get internal perspectives on their vision for the organization. One would be surprised to learn how people who work at the same entity can have different views of how they are perceived by customers and those they serve.

We put all our research together, give it some thought, conduct additional outside research and create a plan. Often this plan contains an Action Item list of activities and in many instances it also included a crisis communication plan.

Why don’t organizations, nonprofits, create their own plan? Many do. But it often takes an outsider, someone with fresh eyes, to come in and see what they take for granted or assume everybody already knows.

If your nonprofit organization doesn’t have a current marketing and PR plan, or if your plan needs updating, consider creating one or at least a fresh approach. The world changes rapidly, donors come and go, opportunities arise unannounced. Remember, if you are not keeping ahead, or at least keeping up, you are falling behind.

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.

 

 

Difference between marketing and public relations (PR)

A number of years I was in a meeting and the client said, “what we need is more PR.”  Well, I said, that’s what we do.  He then went on to talk about how a billboard at a certain intersection would be great.

“But I thought you said PR,” I said. “Yea, he responded. PR.  Getting the word out.”

Our firm does billboards, advertising, social media, direct mail and PR.  But to us, PR means public relations and to most PR firms PR means publicity — getting articles in newspapers, on the internet and on TV.  That’s the typical way PR is thought of.  But to him PR meant anything to get exposure, even if they paid for it.

Words matter, as they say, and they certainly matter in the business world.  That’s why it is so important to be clear what you are asking for.  Everybody wants positive publicity, but as the world changes, that is harder to come by.  So we look to other means like paid marketing.

Paid marketing could be display ads in media, internet marketing, and yes, billboards.

So ever since that meeting long ago, we make sure that we and our clients are on the same page when we talk about their needs.  We can — and do — handle it all, but we don’t want to try to pitch stories when the client really wants a street banner.

Marketing and PR is all about communication.  And clear communication starts in a strategy meeting with the client.

Marketing 101 — working with vendors

If you’re in the marketing/PR business, or want to be, you will work with a number of vendors.  No way go get around it.  You will need graphic designers, printers, web programmers, photographers, event planners and more.  So how do you find the right vendors who give you what you need when you need it for a price you want to pay?

Oddly, finding a good vendor is a lot like finding a good doctor, CPA or plumber.  You ask your friends who they use.  Sometimes referrals work out, sometimes they don’t.  It can be a bit awkward if a close associate recommends a certain person or company they love, and it turns out that you don’t.  But you need to make your clients or boss happy.

First bit of advice I would give is to decide whether you want a large, medium or small company.  Or a company at all.  In today’s wired world, an abundance of talent can be found in people who work in their pajamas in their bedrooms.  They usually have solid professional experience, but want to be independent.  If someone is a sole practioneer, don’t discount them.  They could not only be brilliant, but they might provide you with better service and pricing than a large firm.

Second, make sure you have similar work styles.  If you prefer working informally, meaning you can call the vendor at odd hours and weekends, then you need to find someone who shares that style.  The larger the firm, the more formal they are, usually.  They tend to keep normal hours and if you exceed their normal time structure, you might get charged.

Third, and this is obvious, hire people you can afford.

Fourth, and this is personal preference, if you find someone good, stick with them.  The more you work with one person/company, the better they will come to know what you need and want.  People reward loyalty, so if you keep the same people, when crunch time comes on a project they will be there for you.

Putting together a reliable, talented team can make all the difference in the world for your marketing campaigns.  Take your time finding the right people, then stick with them.

 

Why nonprofits find PR so difficult

While all nonprofits are different, they all share common attributes and challenges.  Most of those challenges are in marketing, PR and having their voices heard.

Every nonprofit wants the world to know about the great work they are doing.  And most deserve to be heard.  They want people to know how they are making the world a better place.  Some of this desire is self-interest.  They want to attract funding, volunteers and Board members.  Some is truly altruistic.  Wanting the world to know how their services can help.

So why is it so difficult for the average nonprofit to stand out?

First, there are so many nonprofits.  Tens of thousands in the country, and thousands in each major city.  Competition.

Second, there is overlap.  Too many nonprofits do the same thing.  They have the same mission.  So when the media cover one organization, they won’t cover a similar one that isn’t that much different.

Third, many nonprofits simply don’t understand the media and how to structure a story pitch.  They do social media, but social media only hits their circle.  The media want certain stories, presented to them in a certain way.  This is a PR skill that most nonprofits don’t have.

Fourth, there are many avenues to tell your story.  TV, newspapers, internet and social media aren’t the only avenues to attract attention.  What are others?  That’s where experienced PR and marketing counselors come in.

Last, nonprofits are great at doing their work, but that doesn’t mean they are necessarily at telling their stories.  Most of our clients lack basic understand, skills and contacts to convey their message.  Not their fault.  PR and marketing is a skill that takes training, practice and understanding.

The larger nonprofits can afford to hire PR and marketing consulting firms.  Smaller nonprofits often can’t.  But that doesn’t mean they can’t work with a firm.  Some PR and marketing firms will take on small projects for reasonable fees.  Having a PR firm doesn’t mean all or nothing.

The moral of the story is PR and marketing is a skill like running a nonprofit is a skill.  Everybody can’t do everything.  Let the PR experts do the marketing while the nonprofits change the world.