University Counsel and Public Relations: Practical Guidance on Mixing Law and Media Successfully

by Scott Sobel, Media & Communications Strategies, Inc. and Daniel I. Prywes, Bryan Cave LLP.

 

I have the honor of coauthoring with Bryan Cave law firm’s senior partner Dan Prywes a detailed and, in our humble opinion, an extremely insightful article about the intersection of law and PR during crisis situations at universities. There are important lessons to be learned for those in higher education or who have clients in the field. Those same lessons can be applicable in many other instances, as well. The series of articles will be a featured article in the Dean & Provost newsletter www.deanandprovost.com.

Here are a few excerpts and topics to be covered:

Bad things can happen at universities. When they do, the university’s legal interests are not the only things at stake. Issues of liability and damages often pale in comparison to the university’s reputational interests. A university’s failure to publicly and promptly engage the facts may lead to a quick and irreversible “conviction” in the court of public opinion.

I. GENERAL GUIDANCE AND ITS LIMITS

II. WHO SHOULD BE THE UNIVERSITY’S SPOKESPERSON ON LITIGATION-RELATED MATTERS?

III. WHAT TYPES OF INFORMATION CANNOT OR SHOULD NOT BE DISCLOSED TO THE MEDIA?

  1. Confidentiality Rights Under Institutional Procedures Involving Allegations of Misconduct

IV. WHEN MUST UNIVERSITIES DISCLOSE INFORMATION?

  1. The Clery Act
  2. State Open Records Laws

V. HOW CAN UNIVERSITIES AVOID DEFAMATION CLAIMS WHILE EFFECTIVELY CONVEYING THEIR OWN MESSAGE.

VI. HOW SHOULD THE REPUTATIONAL BATTLE BE WAGED ON SOCIAL MEDIA?

VII. CAN UNIVERSITY COUNSEL CONSULT WITH PUBLIC-RELATIONS ADVISORS ON A PRIVILEGED BASIS?

So, stay tuned and we will update you on the placement of the full series of articles. The text will provide a roadmap about what to think about and certainly what not to do during a university crisis, with specific reference to the relevant laws and rules that must be recognized in order to navigate through troubled waters on campus.


Mr. Prywes is a partner with the law firm of Bryan Cave LLP. Mr. Sobel is President of Media & Communications Strategies, Inc., a public relations firm. Both are located in Washington, D.C. and have experience representing institutions of higher education facing bad publicity and reputation challenges.