May 12, 2009 – If a question is loaded, it is usually the answer that pulls the trigger.

Peter Fox, the executive director of the Wisconsin Newspaper Association, coached attorneys on strategies to answer even the most hostile questions from reporters during the State Bar Annual Convention on May 8. With a little preparation, any question from the media can be an opportunity to tell the client’s side of the story, he said.

Bridge to the positive 

“As elementary as this may seem, it is so important to be prepared,” Fox said.

Preparation begins with anticipating whether a matter might become “news,” Fox explained. Generally, the news is the unusual or the controversial, even if it is rather insignificant, he said.

Once an issue is identified as potential news, a lawyer should anticipate the toughest adversarial questions that could be asked about it and develop an answer for them. Fox warned that these questions could contain incorrect premises or present false choices, but will still require a reply.

A prepared response may only briefly address the question asked, if at all, before quickly “bridging to the positive or to where you want the story to go,” Fox said. The purpose of the exchange is to deliver factual information, not so much to the reporter but to the reporter’s audience. Accordingly, the response to a question should be an opportunity to focus on the facts important to you, Fox said. “Bad news won’t go away, and good news won’t tell itself,” Fox said.

This situation illustrates the difference between a “direct answer” and a “response,” Fox noted. “You may have to answer in a court of law, but you can respond in the court of public opinion,” he said.

Stay focused 

A lawyer should not be thrown off a prepared response by “the long pause,” Fox said. “After you answer a question, some reporters will say nothing, hoping you will feel compelled to say more,” Fox said. “Instead, you should ask for the next question.”

Likewise, Fox advised against responding to a reporter’s inquiry into the lawyer’s “personal feelings” on a subject. “Don’t tumble when reporters close their notebooks and say, ‘I know the official position, but just between us, how do you feel about it?’”

Fox recommended a response that redirects the reporter to the prepared narrative. “You can say you do have personal feelings, but the issue at hand is this, and my personal feelings don’t enter into it,” he said.

Speculative questions also pose a danger of taking an interview astray. Generally, Fox said ‘what if’ questions should be avoided because they lead to areas of questioning that are off point. If an attorney does reply to such a question, Fox said a response should be “terse” and clearly understood as an answer to a hypothetical. Fox said the response should then bridge to another topic.

 Speak plainly 

Most news organizations no longer employ reporters trained in the subject areas they cover so a lawyer should speak in simple and direct sentences that avoid jargon or abstractions. Not only can jargon confuse a reporter, but it is a lost opportunity to frame the issues in plain English, Fox said.

The chance to explain complex issues is also a way to build a relationship with a reporter, Fox said. “If the subject area deserves more explanation, and you can detect the reporter has a need for more information, tell the reporter you’ll meet again to give background,” he said.

Use your own words, carefully 

Fox cautioned against forming a response that incorporates unfavorable wording of the question. “When a reporter says something, such as ‘What about all those defective bolts?,’ don’t repeat the negative in your reply to say, ‘We don’t have defective bolts.’ Take time to phrase the response in your own words, not the reporter’s.”

When choosing those words, Fox added it is important to keep in mind their effect. “One way to ensure no one accepts your response is to ignore or insult other views,” he said. “You don’t have to agree with critics, but recognize them respectfully.”

If misquoted 

“If you are misquoted, try to contact the reporter directly instead of the editor,” Fox advised. “Don’t overreact, especially if the error is minor or not quite the choice of words you would have used.”

If the mistake is more significant and likely to be repeated in future coverage, Fox said a lawyer could consider calling the editor to clarify or to ask for a meeting with the reporter and editor.

Fox acknowledged that a correction is rarely as prominently featured in a newspaper as the original story. However, he cautioned against discounting its impact entirely because the newspaper corrections column has its own readership. Also, a documented request for a correction might counter an adversarial party’s effort to introduce the quote in court.

A checklist for handling reporters 

• Always answer a reporter’s phone call even if you don’t intend to talk.

• Know the reporter’s deadline so that you can give a timely comment

• Obtain the names of the reporter and the publication or broadcast station and ask exactly how you can help him or her.

• Always assume that what you tell a reporter will be quoted and on the record – if a comment is “off the record” it is better unsaid.

• Try to see a reporter in person rather than talking over the phone because it is easier to judge the reporter’s comprehension.

• If unprepared, tell the reporter you will call back in 15 minutes or so. Collect your thoughts and follow through on your promise to provide an interview.

• Have a message.

Ask State Bar for help 

Please contact Andrea Gage at the State Bar’s Public Affairs office if you have questions about or seek assistance with media relations.