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What can you learn from a media trainer?
15 ideas to implement now

By Kimberly H. Smith

As media outlets continue to proliferate and as legal issues continue to attract public interest, bar leaders stand a good chance of being contacted by a reporter. But are they ready?

More and more, bar associations are making note of the need to prepare their leaders for encounters with the press. While many bars rely heavily on their public relations staff to assist them with their press communications, some have turned to professional agencies for more formal media training.
Some law firms are now hiring public relations staff, but traditionally, media trainers say, lawyers tend to fear the media-and when they become leaders of their bars, they often bring that fear with them. "There is a reluctance for lawyers to court the public eye for fear of providing opinions that could impact a case involving clients," says Scott Brinkmeyer, vice president of the State Bar of Michigan.

While "a lawyer's favorite thing is a gag order," according to Jennifer Moore, of Konrad & Moore in Detroit, who held training sessions for bar leaders at the Michigan bar, "different standards apply for the association." Lawyers are often a bit relieved that they are ethically unable to discuss a case, she says, but a bar association can provide an understanding of the rule of law without discussing a specific case.

When news breaks on a national level, a reporter will try to localize the story, and an association is often looked to as a resource. A reporter may expect the local or state bar association to give an opinion on any given legal issue-quickly.

Even those lawyers turned bar leaders who aren't afraid of the media may need some training in how to handle an interview.

"Lawyers are great litigators, but not great spokespeople," says Richard Levick, of Levick Strategic Communications in Washington, D.C. Levick, a media consultant who recently addressed members of the District of Columbia Bar, says many lawyers believe their practice before the bench makes them naturals in front of a reporter. But, he says, "Lawyers and reporters think with different sides of the brain." While a lawyer may seek the "truth" through the doctrine of precedent, or stare decisis, for reporters, "truth is what they know by deadline."

Going to 'charm school'
Media trainers, typically veterans of the media themselves, are abundant. Training sessions, which can be done in-house or out, are information intense. They can be tailored to the association's needs, from a seminar on developing a communications message to a half- or full-day session that includes what Margie Elsberg of media training firm Elsberg Associates in Chestertown, Md., calls "charm school." This approach, one of the more popular forms of media training, incorporates live role playing. Scenarios for press interviews are prepared in advance; whether real or contrived can be left up to the association.

When the Kentucky Bar Association provided media training for a large group of local bar leaders during its Local Bar Outreach Program in 1998, attorneys and the bar were put under the microscope for their opinion on a possible unauthorized practice situation involving real estate transactions. Bruce Davis, executive director for the bar, used this real-life scenario as a topic for the trainer. "She explained to us how to reiterate in interviews that we were working in what we thought to be the best interest of public protection," he says.

Though the KBA did not bring in the lights and cameras for training, its half-day session included practical methods of preparing for an interview and skills useful in an interview. One of these was "bridging"-a technique for maintaining control of an interview and for getting your point across, whether asked for or not. The seminar was so well received, the KBA did a follow-up seminar the next year, and a similar session two years after that.
In training where "charm school" is involved, participants' interviews are taped as though real-sometimes with real lights, real cameras, real reporter tactics, and real phones. Tapes are played back to the group and constructively critiqued so participants can examine behaviors that need modification. Participants' feelings toward this type of training can be mixed: Some have fun, some are uncomfortable.

John Mowbray, president of the State Bar of Nevada, brought in media trainer George McCabe, from the Las Vegas office of StarrPR, to train the top members of his executive committee and staff. Mowbray enjoyed doing his "live interview," and the opportunity to be critiqued. "Any time you see yourself for the first time, it's just another way of seeing how effective you are as a communicator," he says.

One of Mowbray's goals during training was to "come back full circle," he says. As is common for so many lawyers, legal-speak had become so much a part of his personage that he needed to relearn how to speak to the masses, not just lawyers. "The best communicators talk in everyday language," he says, a point echoed by many experts as one of the most important points of media training. McCabe advises that you may want to talk to a reporter as though "you are talking to your high school kids."

Who speaks?
In many associations, it is the bar's leaders, from presidents and board members to commission and section chairs, who provide the voice of authority. Having more than one spokesperson alleviates some of the pressure a single spokesperson can feel when trying to meet the needs and deadlines of the reporter.

"It is important to us that someone be available at all times if a reporter calls," Mowbray says. "If I am on a plane, the president-elect will take the call, and so on."

Media trainers as a whole will tell you that meeting the reporter's deadline is one of the top requirements in cultivating a good relationship with a member of the press. In his training, McCabe teaches that "even if you are unable to answer the reporter's question, you need to call and say so." He also emphasizes that your staff must be trained to let a reporter know when you may or may not be available.

"When a phone call is left unreturned or is returned too late, a reporter may not know that you have been in trial all day or en route from an out-of-town deposition," McCabe says. Missing the reporter's deadline not only means missing an opportunity, it puts the relationship between the bar and the reporter at risk.

Watch your body language
Half-day or longer media training sessions will likely provide in-depth training in areas besides how to prepare what you are going to say when a reporter calls. Elsberg, who has given a number of training seminars hosted by the ABA, including an annual session for presidents-elect at the Bar Leadership Institute, emphasizes body language as well (see "BLI: Reflections from a first-timer," page 24).

In her training, she drives home a point made in a study by Dr. Albert Mehrabian. In his book, Silent Messages (Belmont, Calif.: Wadsworth, 1971), the UCLA professor measures different aspects of a first impression. According to his research, the words one speaks account for just 7 percent of the impact of the presentation. Tone of voice accounts for 38 percent, and body language communicates the remaining 55 percent.

"The words [are] why you're there," Elsberg says. "If the words are valid, a good tone of voice and positive body language can enhance the impact of your message by 93 percent." In some of her media training seminars, she illustrates certain body postures and tones of voice that can have a negative impact on an interview, and others that are more positive.

Even if you are being depicted as "the bad guy," Elsberg says, good body language can evoke feelings of trust and even sympathy from viewers at home, leaving them with a positive image of you.

Few 'bad' interviews
According to McCabe, most people are surprised to find that the majority of interviews, even those on a negative subject, can have a positive aspect.
"If someone at home is watching a bar president talk about a discipline case on TV, they might think, 'Hey, that's who I call if I have a problem with my lawyer,' " McCabe says. The mental note they make is a positive for the bar, because it puts it in the public service light.

McCabe estimates that, for associations that have positioned themselves for authoritative comment, nine of every 10 interviews have a positive impact. But it's the fear of the one negative interview that can be the deterring factor for many bar leaders.

The fear factor
"Lawyers are scared to death of reporters because they don't know the game of doing business with a reporter," says Dave Baum, of Dave Baum Media Training Group, Skokie, Ill. To ease that fear, Baum teaches how reporters think. "The bottom line is, if you understand how media people think and can help them do their job, they will help you do yours by getting your message out," he says.

Baum is right, according to Kerry Peck, former president of the Chicago Bar Association. When he became president of the bar, Peck, who had plenty of prior experience with the press, brought Baum in to train him, the officers of the bar, and the bar's executive and communications directors. At press time, Baum was scheduled for a return visit in May.

Peck's biggest fear in dealing with the press was that he would give a good interview and convey his message well, only to have it wind up on the cutting room floor. "The fact is, you don't know what is to be edited out," he says. Knowing what type of media outlet the reporter works for can provide a little insight that may alleviate the odds of such an occurrence. When Peck was put on hold-during a real interview- because the interviewer had Elvis Presley's makeup artist on the other line, Peck immediately found his schedule "too full" to continue that interview.

Not having control of the interview process is another factor that causes people to shy away from the press. "Lawyers are comfortable communicating in courtrooms and in negotiations where they are familiar and have a good deal of control," Elsberg says. "In talking to reporters, the reporters have control and there are no rules about discovery. You have no right to see the article before it's published."

Having a policy established in advance detailing what bar leaders will and will not discuss with the press can add to the comfort level in media relations. Your policy may state that your spokespeople will not discuss a particular judge or attorney's misconduct, but may discuss the rules governing such and why the bar supports the rules.

"If our media strategy is to show how our legal system works for the public benefit, then every message I give the reporter will include the benefit to the public," Elsberg emphasizes. This strategy became very important to Peck when he was president of the Chicago bar. During his term, the bar retracted its recommendation of a judicial candidate, causing a flurry of media coverage. As a result, Peck says, "the public was thrilled that the bar stood up," and amid all of the controversy, the bar received the accolades of the public.

Practice, practice, practice
Media training programs can seem an overwhelming barrage of information too bountiful to absorb all at once. But, trainers and participants say, even if only the basic principles are retained, media training can extend a comfort level to the spokes-person that will help him or her become a more effective communicator.

After a video interview session, most trainers will provide participants with a tape of themselves to take home to review. Scott Brinkmeyer jokes that his is hidden "somewhere in a drawer," inaccessible to anyone but him. But it is there for his review if he ever needs to prepare.

All trainers will provide written materials to have on hand for review, and many will have the most important points to remember bulleted for easy recall while preparing for an interview. Dave Baum provides a wallet card, which Peck keeps handy for his encounters with the Chicago media.

Putting what you learn to work for you requires practice, practice, practice. Frank Ciervo, associate director of media services and public affairs for the New York State Bar Association, has found that "most of the tips and tactics presented by the trainer/coach are all too soon forgotten." Without practice, he notes, "people tend to revert back to true form under stress," so the New York state bar will often bring its spokespeople back in for training just prior to being interviewed by a major media outlet.

"This approach seems to work the best," Ciervo says, "since the president can focus on one issue and the strategies given are fresh in their minds."
It's been a busy year for NYSBA President Steven Krane; he has had plenty of practice since his first "immersion," and though offered to him, he didn't feel he needed a refresher course following the events of September 11. Krane estimates that he is interviewed at least three to five times per week, by both local and international media. As his year as president winds down, he has a stack of press clips nearly 2 feet deep and he estimates only a third of those are related to September 11.

As per a 13-year policy for the NYSBA, Krane went through media training just prior to his presidency. Though he had prior experience with the media, he feels that his training was a "tremendous help" by pointing out the pitfalls, allowing him to participate in mock interviews, and teaching him how to deal with difficult situations. He realized the benefit of his training during his very first interview afterward-a profile of the incoming president by the New York Law Journal.

Training on a budget
Training can be expensive: It can range anywhere from $2,000 to $10,000 for a half- to full-day session, depending on the trainer's credentials and the geographic location. More cosmopolitan areas are naturally more expensive, as are media trainers with "star status." Though costly, Brinkmeyer says, "It's money well spent."

Although many find the half- to full-day "charm school" approach to be the most effective, there's much to be gained from a shorter strategic planning session, too. Lunch hour seminars, which McCabe says can cost as little as $200, can focus on just the basic do's and don'ts of media interviews.
Moore agrees and emphasizes in her short seminars the need to prepare for a media interview rather than trying to do it offhand. "In other words, explaining the importance of thinking about what the interviewer is likely to ask-the obvious questions, the follow-ups, and the ones you hope they don't ask!" She says the most effective lunch hour session would be putting someone through a mini-interview, "which is the easiest way to illustrate points and techniques."

For bar associations with limited or no budget, there may be plenty of expertise within your own communications department. Their professional skills and contacts may enable them to put together a session of tremendous benefit. When planning the KBA's Local Bar Outreach Program, the communications director for the Kentucky bar requested the assistance of the Kentucky Press Association, of which she was a member. Through that association, the KBA hosted a roundtable seminar for local bar leaders with such distinguished speakers as the bureau chief of the Associated Press, the president of the Kentucky Broadcasters Association, and the Executive Director of the Kentucky Press Association.

Though the training format was much different from that which most media trainers provide, the information garnered from the open forum discussion included much of what prior paid trainers had provided-and it was free.
And if your bar doesn't have communications professionals on staff, Moore suggests that you ask a coworker or colleague to help you through a practice session, "to at least get a sense of how their answers are playing back to a second party." The benefit? "It's always good to try to explain yourself out loud to see how clear, concise, and free of jargon you can be," she says.
Levick suggests there is a lot to learn by reading the Wall Street Journal or even watching the TV show The West Wing. "Both get to the point instantly," he says.

Developing good spokespeople
Though for different reasons, every bar leader interviewed considers media training a benefit to themselves and the bars they represent, and they recommend the experience to other bar associations. Many have plans to do it again-some every year, and others every few years for their top brass. Even though Brinkmeyer hasn't had the opportunity to exercise his new skills as a spokesperson, he would still like to see the incoming officers of the State Bar of Michigan trained every year.

Knowing your rights and responsibilities during an interview, knowing how to prepare and conduct yourself, knowing how to direct the flow of questions, knowing how reporters do their job and helping them do it, those are all qualities of a good spokesperson.

And according to trainer McCabe, "Good spokespeople can be made, even if they're not born with it."

What can you learn from a media trainer?

How to prepare for an interview.
Preparation is a must. Even if the cameras greet you unexpectedly, you can "take five" to prepare. Margie Elsberg advises that you be the one to ask the first questions, which will help you prepare for the interview. The "deer in the headlights" look is not uncommon when dealing with a reporter, so it is important to find out what the topic of discussion is prior to your participation. You may also want to find out who else is being interviewed and prompt the reporter for what he or she already knows. Then, ask yourself the toughest question you think the reporter may ask.

How to conduct yourself in an interview, including body language, tone of voice, and speaking in 'sound bites.'
All media have different needs. Print only needs your words; radio, your voice. But television requires both, in addition to visuals and your ability to be succinct in 10- to 20-second increments. While you are preparing to present yourself for your on-camera message, trainer George McCabe advises that you always be aware that the camera may be rolling, even when it faces the ground. You don't want the surprise of hearing what you said to a reporter off-camera aired over images of your bar association's front door.

How to answer the question you don't want to answer.
Tough questions require an answer, if only a single word. In the "bridging" technique, you follow your answer with your own question, which you will, of course, answer yourself.

How to deal with hostile reporters.
Reporters are people. They may develop their opinions of the legal profession from many sources, including their neighbor's lawsuit, their own divorce, or the televised trial of the century. At times, you may encounter a reporter who comes at you unnecessarily aggressively. According to Jennifer Moore, the most important points to remember in such a situation are to stay calm and cool, and to remain friendly toward the reporter.

How to manage the uninformed reporter.
It is unusual that a bar association will have dealings with the same reporter for a number of years. Turnover can be quick at some newspapers, and others may rotate their reporters among different "beats." According to trainer Steve Friedman, president of FirstLines Creative in Oak Park, Mich., a reporter new to the legal arena can become your biggest ally if treated with respect, provided with printed background materials, and given the opportunity to call after the interview for further clarification of points misunderstood. To be blunt, he says, "Stupid questions and uninformed reporters are your client and your marketplace."

Common mistakes made with the media.
Richard Levick stresses that missing a reporter's deadline means that the reporter's truth will come from a source other than you. But, while missing the reporter's deadline may be the biggest mistake, there are many others: using jargon, sarcasm, speculating or
lying, and talking off the record. Jennifer Moore echoes State Bar of Nevada President John Mowbray's earlier sentiment that good communicators don't use jargon, including legal-speak. While some reporters will ask what you mean, others won't want to look "stupid" and will display what Moore calls the MEGO factor: "My eyes glaze over." At that point you've lost your audience, she says, and probably your part in the story.
Though sarcasm and lying are obvious no-nos, many people don't understand that talking off the record is strictly taboo, according to media trainers and journalists alike. The mere words "off the record" indicate to the reporter that what you're about to say is "a really big deal," says Kelly Smith Tunney, director of corporate communications at the Associated Press, and it may cause him or her to look for controversy or to be skeptical of your credibility as a source. Background material for a reporter should be called just that. As Scott Brinkmeyer of the State Bar of Michigan learned in both of the media training sessions he has attended, a reporter is a reporter, no matter how friendly or cooperative. "Don't be fooled into thinking otherwise," he says. "They are doing their job by getting information from you."

15 ideas to implement now

Here, courtesy of media trainers from across the country,
are some key points you can put into practice at your bar.

From: Dave Baum
Dave Baum Media Training Group, Skokie, Ill.
Getting ready for an interview

• Anticipate and rehearse possible interview questions. (What are your vulnerabilities?)
  
• Don't lie or speculate … Tell the TRUTH.
  
• When you don't know the answer, admit it and promise to get it for the interviewer.

From: Jennifer Moore
Konrad & Moore, Inc., Detroit
How to make the best of a hostile interview

• Defend your position, not your ego. Depersonalize the hostility as much as possible.
  
• Avoid being drawn into a debate with a hostile reporter. Don't feel it is necessary to refute in detail every allegation made by a hostile questioner. If the accusation is unsupported, make a flat denial.
  
• Do take exception to labels or terms that you believe unfairly characterize your position or association, but do not use the offending terms in your reply.

From: George McCabe
StarrPR, Las Vegas
On-camera interview tips

• Watch what you wear and how you look. Remove gum, toothpicks, cigarettes, or anything else you may have in your mouth. Avoid distractions, such as huge earrings or a loud tie. Solid colors are generally better than stripes and busy patterns. And since white shirts can make you look "washed out," wear a darker jacket over white or light colors.
  
• Don't look directly into the camera. Always look at the reporter or host, or where that person would be if he or she were there. Remember, this is a news interview, not a sales pitch.
  
• Follow the 4 Hs. Be honest, happy, helpful, and humble. The camera has a way of showing enthusiasm and magnifying faults like phoniness, arrogance, and ignorance.

From: Margie Elsberg
Eslberg Associates, Chestertown, Md.
Media strategy guidelines

• Quick response is critical. A list of long- and short-term media goals will make it easy for bar leaders to decide whether to accept an interview request. An up-to-date list of issues to be advanced with the help of media exposure makes those decisions even faster and easier.
  
• Make sure the media can reach a media relations professional or bar leader 24/7.
  
• When bar media goals and guidelines dictate, offer a spokesperson who can comment on a breaking news story; call to suggest a story about (for example) a trend or new legal system, or write a letter to the editor or op-ed piece.

From: Steve Friedman
FirstLines Creative, Oak Park, Mich.
The uninformed or naive reporter

• During the interview, you don't necessarily have to answer the question that is asked. Answer the question you think should have been asked.
  
• Follow the interview with a fax or e-mail restating the important points you want made, indicating you wanted to be sure you were clear in the comments you made.
  
• Place the reporter on your mailing list for future news releases and background material. He or she may not be the one at his or her location who is receiving them currently.

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