The Downside of Attorneys Dictating Communications Plans
While attorneys can be a valuable resource and provide guidance and perspective for professional communicators, few lawyers have the skills to dictate communications plans that will result in substantive, favorable results. It’s not an area of expertise for most attorneys.
It’s interesting that in recent weeks, I have had calls from friends who do communications and PR at various companies and organizations to seek my counsel on what seems to be increased emphasis on attempting to generate results from communications tactics after the fact, with little or no advance strategic planning. That’s a sure sign of program failure and waste of resources, in my view.
In all cases, the root problem has been an attorney dictating outcomes rather than advance planning … most likely because they have no idea about the process of advance strategic planning. Well, here’s a headline for those attorneys:
Meaningful and tangible results – whether in a communications program or building a bridge over a river – require advance strategic planning.
Objectives … clear strategies to achieve each objectives … and tactics to support each strategy. Such strategic planning is generally not taught in law schools.
The focus of communications work must be concentrated strategically on objectives, strategic thinking and actual work rather than getting lost in the weeds of trying to make excuses afterward. But, what my friends are saying is that the opposite is happening … primary emphasis on generating reports and justifications after the fact.
I am hearing the words, “task dictated,” with respect to communications programs. It’s jargon that no one is quite sure what it means.
One friend said that it was suggested that her department get a newspaper clipping service. I hadn’t heard anything like that in about ten or 15 years! She said one of the lawyers thought it would be a good idea. Guess the attorneys were not aware that approximately 30 percent of America’s newspapers have disappeared in the last 8 years or that an online digital revolution has profoundly changed how we interact and communicate, rendering clipping services obsolete.
Here is some contract language for you, taken from an actual “communications contract” drafted by a lawyer:
“Project Narratives
For all projects completed under this Agreement, Contractor must provide a narrative detailing the scope of the project, specific details of the project and the outcome of the project. Any documentation produced for such a project must be attached to the narrative. By way of illustrative example, if Contractor creates a news story or commissions an editorial or blog, Contractor must attach a copy of the article, a copy of reports showing the article’s distribution any other document(s) relevant to the project.”
Such language in my opinion does not demonstrate vision or an intelligent approach for using communications in a positive and meaningful way to enact profound change. Quite the contrary – it is a recipe for program failure, negative impact on brand image and waste of valuable resources.
Related posts:
- A Roadmap to the Next Era of Strategic Communications
- Strategic Planning Puts You in Charge
- “About Us” are the weakest words in communications
- Strategic … Real or Imagined
- USC Launches Communications, Public Policy Forums in DC
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The problem is not lawyers per se, but I submit the “buck stops” with those that employ them, or seek their counsel. The role of a lawyer is protect the interests and assets of his or her client. Unfortunately, many clients have deferred decision making to their attorney out of fear or just ignorance. Lawyers are professionals in the field of law not communications, public relations or just about anything else, but the law. Those who retain legal counsel must understand that it is their responsibility, not the lawyers, to make policy or strategy, and both need to acknowledge that the lawyer represents the client and serves the client, not vice versa. Therefore, it is up to the client to make clear what they wish to achieve and then ask the lawyer to make sure it can be done. Don’t ask the lawyer to make your policy or develop your communication strategy, let them know what it is you want and then direct them to make sure it can legally be done and your interests are protected. Policy and/or strategy needs to be made by those with the knowledge and experience to make it. Lawyers are their to make sure your decisions can be defended and your interests protected. The same applies for communication strategies. It is not for your attorney to develop that strategy or game plan, it is for the lawyer to make sure once a client has developed a plan it can be defended and assets protected. Sometimes all parties seem to forget just who works for who.