Law Practice Today

Why do news reporters commonly use an attorney’s name but leave out the name of the lawyer’s firm, making appear as if the lawyer were a solo practitioner, when covering a trial, legal trend or transaction?

Even more frustrating, why do they fail to mention a lawyer's name when quoted, opting instead to just say “an attorney for Company A said.”?

This is a problem of media ignorance, and one in which the business, trial and defense firms we represent wrestle with all over the country.

The omissions occur most often with broadcast media.  But Internet news sites, big city newspapers and weekly business journals do it, too. Only the national legal trade media, such as the National Law Journal, have policies requiring that both lawyers and their firms be fully named in all coverage.  The rest of the media, many perhaps driven by the never-ending search for brevity, and not understanding the significance of what they are not reporting, routinely omit this information.

Of course, those of us in the legal industry understand that the firm and the lawyer within the firm who is running the case or deal say a great deal about the matter.  Most editors and reporters do not understand that plaintiffs, individual and corporate, represented by solo practitioners and small firms are in a far different position, in terms of absorbing costs and delays, than those represented by much larger firms.  Among many other things, they are unaware of the importance of the presence of national counsel providing pattern defense or retained by an excess carrier, and if that lawyer is in the first seat, in a local jurisdiction, and what that it may say about a case or a client.  Similar signals are given depending on who is counsel in corporate and transactional matters.

When the media make these omission(s), our SOP is to immediately contact the offending editors and reporters.  We think every marketer and lawyer should do this, as well. We explain that the lawyer and firm involved in any transaction and litigation often is major fact point in the story. Some editors and reporters change their behavior after learning this. Others do not.  We tend to work with those who are cooperative going forward, of course.

If an editor or reporter you contact does not seem to understand your point, you might use an analogy we have employed with success.  We explain that if a local executive was arrested by FBI agents, or by FBI agents and Customs Agents in tandem, they would point this out and explain the importance of their presence.  They would not just say the person was arrested by “police.”   Who files suit, who handles a major transaction as counsel matters a great deal, we explain.

Right now, we are at a point nationwide where the media can always be convinced to identify the lawyer involved by name.  We meet resistance when we ask that firm names be included. Editors commonly complain that law firm names are preposterously long and difficult to pronounce and spell.  As we all know, in many cases this is true.  (So next time your firm debates a name change, add this argument: “To obtain better media coverage”, to the reasons why it should be shortened!)

Finally, when your lawyers get great publicity, but weak name coverage in the media, consider counteracting the effect by running ads in bar and business news publications. These can be as simple as tombstones saying "The partners of Law Firm congratulate their colleague Lawyer’s Name on his successful representation of..." This connects the dots within the bar and business community. To makes sure clients get the message, major litigation and transactions can be profiled in a newsletter or alert.

Bob Weiss is president of Alyn-Weiss and Associates, Inc., a Denver-based marketing consulting group which has worked with both corporate, transactional and defense firms and contingent fee practices nationwide for more than 20 years.