The details:

• 2013 MinnCLE Business Law Institute: “PR Disasters – Lessons for the Business Lawyer”
• Wednesday, May 8
• 2:15 – 3:15 p.m. (CST)
• Minnesota CLE Conference Center
  600 Nicollet Mall # 370
  3rd Floor City Center
  Minneapolis, MN 55402-1641

Here’s a description of our CLE, from the MinnCLE website:

Observations from a communications strategist/attorney and a veteran business reporter on cases that led to disastrous public relations moments and strategies that increased legal risk and liability; how the media covers litigation, criminal proceedings, and high-profile issues; mistakes made by organizations and lawyers; and the power and peril of social media.

Come back for more posts about lawyers and public relations where I’ll examine how the two are so closely connected on critical issues.

As always, thanks for reading!

Stacy

• Under staffing, increased workloads leading to increase in working hours and compulsory overtime;
• Confusion and frustration about poorly defined job tasks and responsibilities;
• Promoting, rewarding or ignoring employees who are unaccountable, are under or poorly performing, particularly in upper management;
• ŸProvides little or no opportunity for employee feedback; dismissive of employee concerns and complaints; no follow through or follow up on employee concerns;
• ŸDownsizing or reorganization affecting certain employees directly; the prospect or fear of future downsizing or reorganization creating feelings of uncertainty;
• ŸLabor disputes, negative contract negotiations and poor labor-management relations;
• ŸIneffective and poor management styles, such as arbitrary or unexplained decisions; over-monitoring of employee activity; corrections or reprimands in front of other employees, inconsistent discipline;
• Ÿ“Do as I say, not as I do” management attitude;
• Inadequate security or an under-trained, poorly motivated security force;
• Employee counseling that is insufficient, or lacking altogether;
• A high injury rate or frequent grievances may be clues to problem situations in a workplace.[i]

In December, my firm spearheaded the launch of a program called The Minnesota Hay Bank, which is like a food bank, only for horses. This was in response to the deepening crisis of horses going hungry due to the recession, drought and soaring hay prices.

In less than 4 weeks, we developed a project that was stuck in the “hope” phase for the past 3 years and made it a successful reality. And within just two weeks after our launch, the program has garnered significant media attention, stakeholder involvement and donations — over $10,000.

Here are the highlights:

• Strategy Development: We focused on bringing needed visibility to an underreported and largely unknown issue.  Horse welfare, like so many things, is complicated and includes public policy, criminal law and industry factors. Recession and drought have made the issues even more complex.
• Media Relations: A key strategy was getting the media to cover the new program. Key relationships with reporters secured coverage from print media across the state of Minnesota, broadcast (radio and television) and national industry/trade publications.
• Critical/Legal Issues Management: In the midst of our launch, we encountered various challenges that required careful management, including, among other things, criminal charges against a horse industry leader for animal neglect.
• Stakeholder Communications/Engagement: In 2 weeks, we had a website up and running, which is easily managed and updated. In two weeks after launch, we had nearly 2,000 website visits, raised more than $5,000 through our “Donate” page, and received a total of $10,000 in donations by the end of December.
• Social Media: We launched our social media campaign, which has generated substantial traffic to our website and increased awareness.
• Strategic Timing: Strategic timing of our launch would mean greater success – year-end giving and cold temperatures (making life more difficult for horses) promised more successful fundraising.
• Stakeholder Relationships: Any project worth its salt has great relationships with others. The Minnesota Hay Bank has strengthened existing relationships and forged new ones with donors, industry and organization.

• Key elements of strong reputations
• Objectives after a health care, health clinic or hospital crisis
• The importance of having a media plan
• How to ensure accurate investigations
• Coordinating legal, business and communications strategies
• The need to be responsive, quickly
• Why monitoring media coverage is so important
• How to assert legal defenses without appearing defensive
• And much, much more.

• Business Law Series: PR Disasters – Lessons for Lawyers
• Thursday, February 28, 2013
• 12:00 – 1:00 p.m. (CENTRAL TIME)

Here’s a description of our CLE, from the MinnCLE website:

Lawyers play a critical role in advising their clients not only on legal strategy, but the practical implications of legal matters as well. A client’s business reputation may be significantly impacted by litigation, criminal proceeding, or other high-profile issue, and lawyers serve their clients well when they are able to help identify, manage and mitigate these risks.

Bettison and Welbes will offer case studies and observations on legal matters that led to disastrous public relations moments and public relations strategies that increased legal risk and liability.  Attendees will get a unique perspective from Stacy Bettison, communications strategist and attorney, and John Welbes, business/white-collar crime reporter for Pioneer Press about how the media covers these stories, mistakes made by organizations and lawyers pursuing legal strategies and the power and peril of social media.

Click here to register.

• Reviewing current school crisis management plans — audits and assessments

• Crisis communications, including stakeholder communications, templates and media relations

• Technology in communications, planning

• Drills and exercises

• Recovery communications

I look forward to an enriching, interactive seminar with this great group of dedicated professionals.

“There, but for the Grace of God, go I.” Yesterday’s events are a stark reminder that no one is immune from random violence  — not at our movie theaters (Aurora), not at our places of worship (Oak Creek, Milwaukee), not at our public rallies (Tucson), and not, sadly, at our schools (Columbine, Ricori High School).

While the most impacted and traumatized are, of course, those families and friends who lost loved ones in yesterday’s shootings, this is a crisis for all families, for all schools, for all communities – a national tragedy.

What can we do, amidst the acknowledgement of our precarious nature, that, there but for the Grace of God goes each of us?  That any one of us could be a Newtown family, grieving the loss of a little child or a loved one who worked at the school?

For schools, Monday morning will come fast. Parents will say good-bye to their children, releasing them into our uncertain world, trusting that schools are taking care of them. Kids will return to class, many aware of Friday’s calamity. There are numerous things schools can do, including:

• If schools haven’t already, acknowledge what’s happened.
• Reminds kids and families that you think about their safety in everything you do, and that you have procedures that are designed to protect kids, faculty and staff.
• If there is some aspect of your crisis response plan that needs works, nail it down now. The importance of crisis planning has never been more obvious than now. Back in September I wrote an article here entitled “Dusting off school crisis plans . . .” where I encourage schools districts to pull the crisis planning binder off the shelf and give it a good, careful look, find the gaps, and fill them in.

There are many great resources for schools at a time like this, such as this resource at the National Association for School Psychologists website.

For parents and families, it’s okay to talk to your kids about this, and many experts encourage you to do so. The age of your child or children will dictate how much you say and what you talk about, but giving this issue some oxygen is important.

Parents can access articles at the links I provide below to help guide you through this weekend and into the coming days. Remember, fears linger, and the wounds of trauma do not heal the same for everyone. Check in with your kids and give them the space to talk and ask questions, even well down the road.

• A National Tragedy: Helping Children Cope: http://www.nasponline.org/resources/crisis_safety/terror_general.aspx
• Talking About Tough Topics: http://www.pbs.org/parents/talkingwithkids/strategies_10.html#.UMwQ92uO3ew.email
• Helping your children manage distress in the aftermath of a shooting: http://www.apa.org/helpcenter/aftermath.aspx

Thoughts and prayers abound for the families of Sandy Hook Elementary and the community of Newtown.

This article also appears at StarTribune.com.

The article touched on the critical idea that so many workers in America feel that they work for an organization that doesn’t care about them.  According to Mr. Mackay and the surveys he cites generally, approximately 7 in 8 workers feel this way, which equates to 130 million workers in the U.S.

He goes on to cite the results of reward programs for employees and their profound effect on employee morale, which includes the compelling quote from one employee about how the reward program completely changed his perspective. See Mr. Mackay’s entire column to learn the specifics of these programs.

How does employee morale relate to workplace violence?  According to the Dr. Kris Kienlen, my seminar co-presenter, the triggers and contexts that escalate workplace violence risk often involve how one feels about their job and themselves:

• a profound sense of rejection or injustice,
• serious job-related issues,
• critical level of stress or conflict,
• other personal losses.

Consider, today, how your organization is supporting and rewarding your employees.  What steps can you take now to boost morale and reduce the triggers that can lead to workplace violence?

Saving Livestrong. Shortly after the U.S. Anti-Doping Agency’s 1000-page report on Armstrong became public in October, the Livestrong organization stepped out quickly to save itself while its iconic namesake disastrously fell from grace. In the days and weeks since, the organization has walked a very challenging line of affirming the incredible contribution and inspiration of Lance Armstrong as a cancer survivor and advocate, while creating distance from Lance and his now stained cycling career. The organization has done a good job in a very messy situation.

Here’s some of what they’ve done, externally, to protect the Livestrong brand and keep the organization moving forward:

• After Lance resigned as chairman of the board on October 17, CEO Doug Ulman did an interview on NPR, affirming its desire to have Armstrong continue to be involved in the work of the organization. Said the CEO, “He’s our founder. He’s been the inspiration for our work for so many years.” Mr. Ulman handled tough questions exceedingly well, focusing on the organization’s key message of continuing the mission to support and serve people living with cancer.

• The organization changed its name from The Lance Armstrong Foundation and to the Livestrong Foundation.

• When Lance fully resigned from the board in mid-November, the foundation’s new board chairman, Jeff Garvey, said this:

 Lance Armstrong has chosen to voluntarily resign from the Board of Directors of the Livestrong Foundation to spare the organization any negative effects as a result of controversy surrounding his cycling career. . . .  We are deeply grateful to Lance for creating a cause that has served millions of cancer survivors and their families.

• Livestrong spokeswoman Katherine McLane said Armstrong remains as the charity’s “founder and inspiration and our biggest donor.”

• The Livestrong Foundation website underwent changes. Among them, the “Our Founder” page features Lance’s cancer diagnosis and his many contributions to the cause. Gone is any mention of his cycling career.

Ironmans and Defiance. For Lance, according to his personal website, he appears to knocking off an Ironman here and there (five in 2012, so far, to be exact), and participating in other triathlon events. His website still has photos from the Tour de France¸ with a good number of shots of his long-held race number (#1). He describes himself on Twitter as “Raising my 5 kids. Fighting Cancer. Swim, bike, run and golf whenever I can.” A couple of weeks ago, Lance posted a picture of himself on Twitter lounging on his couch, surrounded by his seven yellow jerseys. Comments abounded: Lance is in denial; he’s defiant; he’s arrogant.

Yes, that all may be true: perhaps he is in denial, defiant and arrogant.

Here’s another truth—Lance is an incredible athlete. Ultimately, it was his athletic ability, drive and commitment to winning that fueled his fight against cancer, and inspired him to help others. His legacy, even with the doping scandal, will always include the fact that he has inspired and helped millions of people diagnosed with cancer. Critics notwithstanding, there is little denying that he has done vast amounts of good, and his athleticism contributed to that.

I don’t know Lance personally, but I’m guessing this is also true: While he may be in denial, defiant and arrogant, there is a deep reservoir of good in Lance Armstrong. To go through a cancer diagnosis like he did, and turn it into a positive, sweeping movement like he has, comes from a place of good. Though critics may say that Armstrong’s good deeds were just a devious way to deflect attention from his misdeeds, I question whether deceitful ulterior motives would have sustained the powerful momentum of what Livestrong has become. No doubt, Lance Armstrong earned goodwill because of Livestrong, but that’s what happens when you do good—you are in the good graces of many, because you have done right for so many.

Lots of people are waiting to see the innate good and undeniably human side of Lance, wondering when the 60 Minutes exclusive mea culpa will air. I’m not sure what he’s waiting for, but I’m guessing there is some calculating, strategic reason—the passage of time, to see if the arbitration of team director Johan Bruyneel goes forward (in which Armstrong may be subpoenaed), or the UCI’s report in June (assuming the UCI is blameworthy).

Forgiveness will be fast. The general public will be quick to forgive. And while the internet, tell-all memoirs and future Tours de France make it impossible to forget, forgiveness will come fast. There may be those that were so affected by Lance’s actions that they can never forgive, and that’s understandable. But most people want to see the good in others, and most people would rather forgive than forever hold a grudge.

To be human is to be full of contradictions. We all possess both good and bad, and we have all erred—some more than others. If all or even some of the allegations are true, Lance erred a lot. These errors, these shadows, will always lurk. But when Lance admits his wrongs, apologizes and asks for forgiveness, that’s the moment when Lance can begin to move forward, out from the shadows and into the light.

This post also appears at StarTribune.com.

On December 6, 2012 at 1 p.m. CST, Dr. Kristine Kienlen and I will present “Every Employer is Vulnerable: Assessing and Preventing Workplace Violence” for Occupational Safety and Health. Register here.

We will discuss:

• elements of a strong prevention policy
• how to train management teams
• building employee awareness
• strategies for creating a culture of trust
• communications in difficult situations, such as layoffs, firings
• how to support the fired employee

Dr. Kristine Kienlen, is a forensic psychologist and president of Minnesota Threat Assessment & Forensic Professionals, Inc., a private practice in Minneapolis that provides threat management consultation services and forensic psychological evaluation.

I look forward to a productive discussion on this important topic.