From supermodel Naomi Campbell to celebrity chef Gordon Ramsey, as well as major corporates in the finance, tech and retails sectors, lawyer Gideon Benaim gives Montfort an inside perspective of what makes communications and legal expertise a “fundamental” partnership in protecting the reputation of his many and varied high-profile clients.

As Partner and Head of Reputation at law firm, Simkins, Gideon uses his specialised skills in reputation protection law to help high net worth individuals and companies when crisis strikes in the form of privacy, defamation, harassment and copyright.

As an excellent legal mind, ranking Band one in Chambers and Partners 2019, it is no wonder his clients are A-list celebrities with global reputations and a lot to lose when bad press hits the fan.

Sir Cliff Richard vs BBC - the media backlash

Indeed, in a groundbreaking privacy case, Gideon successfully protected Sir Cliff Richard in court during his action against the BBC. However, he explains, a win in court does not mean the media will be on your side - especially where press liberty is concerned.

“I think what happened when the judgment was handed down was that the BBC perhaps overreacted, and scaremongered, let’s say, and so what you had there was a lot of concern about the freedom of expression,'' as he recalls the media backlash.

Privacy and the press – the balancing act 

When a story invades an individual's privacy, the media must weigh up whether their duty to inform under the right to freedom of expression outweighs the individual's right to have their privacy respected.

But, with little surprise, the media is very good at prioritising the freedom of expression at the expense of the right to privacy, Gideon explains. He says, “there has to be a balancing act and too often the media get that balancing act wrong because it is in their interests to try and push the boundaries” to get their story published.

Mitigating bad press with legal and communication professionals

Before the juicy details of court proceedings hit the news, comms advice is ‘crucial’. In a real team effort, lawyers work with comms, who in turn work with journalists to ensure the right story gets published. Gideon calls this the ‘two-pronged approach’.

Under this model, litigation is actually the final straw and the last resort. Litigation is a long, costly process with a highly uncertain outcome when it comes to seeking answers to grey areas in the law. 

Thus, when advising clients, Gideon suggests the art of compromise over a court showdown through a collaboration between communications and legal teams - preferably from day one.

The right expertise is the client’s best protection

Where reputation is concerned, the law is at best unclear and at worst a ‘minefield’. So, how does he do it?  

By bringing in the best expertise at the earliest possible moment. Or, in other words, by recruiting the advice of the legal reputational sector and the comms sector, ‘whenever there is something that is a bit tricky’. 

Discussed in this podcast episode:

• Meeting Gideon Benaim, Head of Reputation at law firm Simkins
• The importance of communications in crisis litigation
•  Sir Cliff Richard vs BBC
•  Press freedom vs privacy
•  Litigation as a last resort
• Gideon’s tips and advice

Links

• https://www.simkins.com/people/gideon-benaim/
• https://chambers.com/department/simkins-llp-defamation-reputation-management-uk-1:20:11805:1:116159
• https://montfort.london/services/managing-risks-and-crises/
• https://montfort.london/team/malcolm-munro/
• https://www.theguardian.com/music/2018/jul/18/cliff-richard-wins-damages-from-bbc-over-police-raid-footage