Insight

Avoid the Ostrich Method

Sherrard Roe Blog

Amy Rao Mohan

Written by Amy Rao Mohan

Published: December 15, 2024

Avoid the Ostrich Method

July 13, 2021 | Sherrard Roe Blog I Amy Rao Mohan

I came across a picture recently of an ostrich with it’s head in the sand and couldn’t help but laugh at how many times I’ve had clients who have wanted to bury their heads in the sand and in some cases, I’ve wanted too as well. As tempting as it may be, you can’t.

Recently someone told me that they were not going to call a reporter back because they didn’t want their name in the newspaper. Guess, what? If you’ve already been contacted by the press, your name or your company’s name is going into the story no matter what.

Wouldn’t you rather have some control over the message rather than just staying silent and pretending nothing has happened?

I often have people come to me after a story has run and say, “Well, I didn’t want to say anything, but the story ran, so now can you do something?” I’ve even had colleagues say this to me. I’d love to think I’m some kind of super-lawyer miracle worker, but things just don’t work that way. Once the story is out, there’s no taking it back. While it may be wise to call a reporter and explain your side later or to even ask for a retraction, the reality is that it is too late.

The example that will always stick out in mind is a case I covered as a young reporter in Michigan. A teacher was arrested and charged for sexual contact with a student. It was huge news in a small town and this man’s mugshot was on every single newscast that night, in the morning, and in every area newspaper and website. I attended a splashy press conference and then did a liveshot that night from the school and all of my competitors and friends from other stations were lined up right next to me. Then, over the weekend, we got the shocking news that the prosecutor found that the claims had no merit and would drop the charges. He announced that the teacher was innocent and should never have been charged in the first place.

We did a story, but it was a weekend so we did not staff it with more than one reporter. No one did. No one had a live truck available because there was some other huge sporting event going on. The prosecutor held a press conference on a Sunday afternoon, which wasn’t covered live. So even though everyone, including the media, had the intention of righting this horrible wrong, it was too late for this individual and his family. No one remembered the retractions. No one recalled the prosecutor’s apology. But everyone remembered that mugshot. While legally the matter was certainly “corrected” by the criminal justice system, in the court of public opinion, sometimes a missed opportunity can haunt you forever. Of course the individual in this case had no choice or control over the matter. However, most people facing a crisis or bad press, especially when the media has already called, do have the opportunity and you need to seize it.

I don’t tell this story to clients to scare them or even to compare what sometimes is a very minor crisis to the life-changing event this particular individual faced. But, it’s worth remembering that acting quickly and responsively can make all the difference. Burying your head in the sand may feel comforting in the moment, but eventually you have to poke your head out and you don’t want to see your name in a bad headline.

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

Canadian Firms Explore AI, But Few Fully Embrace the Shift


by David L. Brown

BLF survey reveals caution despite momentum.

Canadian Firms Explore AI, But Few Fully Embrace the Shift headline

What’s the Difference Between DUI and DWI?


by Bryan Driscoll

Understanding the terminology and consequences of impaired driving charges.

Driver during nighttime police traffic stop with officer's flashlight shining through car window

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni