Ribbeck Law Chartered (Ribbeck)’s media statement has put our national carrier, MAS, in a bad light, HERE. Common sense dictates that MAS should have immediately responded with the production a letter from Ribbeck to support its contention that MAS was directed by Ribbeck not to communicate with the family of crew members of MH370.
After four long agonising days have elapsed, at 7:57 pm on 25-5-2014 the top management of MAS and/or its Strategic Communications Department have finally responded to the media statement of Ribbeck. The timing of the media statement speaks volume of the capabilities and professionalism of the top management of MAS and/or its Strategic Communications Department in handling problems.
Below are the lame excuses offered by the top management of MAS and/or its Strategic Communications Department. The 7:57 pm media statement did not answer the media statement of Ribbeck, which has specifically stated it did not communicate with MAS to stop communicating with the family of the crew of MH370.
The said 7:57 pm media statement of MAS, has raised more questions than answers on the credibility of the top management of MAS and/or its Strategic Communications Department. The 7:57 pm media statement was another desperate attempt to spin at best. No wonder the author of the said media statement was shy to put his name to it.
From: YOUR VOICE ONLINE <UVOICE@malaysiaairlines.com>
Date: 23 May 2014 07:57:46 pm GMT+8
Subject: MH370: Media Statement 33Media Statement 33
MH370 Incident
Released at 7.40pm/23 May 2014
Malaysia Airlines would like to reiterate that it has committed to communicate all matters with regard to the disappearance of MH370 to all family members.
From 7 May 2014 onwards (after the closure of the Family Assistance Centre (FAC)), the airline has been updating family members with news from JACC and the Malaysian Government as and when it is made available via its caregivers and the Family Support Centre (FSC).
However on 3May 2014, the US law firm, Ribbeck Law Chartered, formally notified Malaysia Airlines’ lawyers that it had been appointed as the legal representative for the family members of some of the crew and provided evidence that they had been retained by these families. Once a legal representative has been engaged, professional etiquette and rules of conduct dictate that contact with a party who is legally represented should ordinarily be through his or her lawyers.
Malaysia Airlines confirms that its lawyers have had discussions with the US lawyers engaged by the families of some of its crew. As a result of those discussions, certain protocols have now been agreed to enable the airline to continue to maintain direct contact with the families concerned and to provide them with the care and assistance that they need at this difficult time. As lawyers have now been retained, Malaysia Airlines is unable to comment on any legal issues in relation to these families but the airline will be informing them of what it has agreed with the family members’ lawyers.
-Ends-
Had MAS issued this 7:57 pm media statement in respond to the allegations made by the family of the crew members of MH370 that they have been abandoned, there would have been no denial from Ribbeck and the top management of MAS and/or its Strategic Communications Department would have look good.
Let us examine the chronology of events before and after the said media statement of MAS.
Chronology of events before MAS media statement of 23-5-2014 at 7:57 pm :
- On 31-3-2014: Ribbeck Law Chartered has been ticked off by the learned Judge Kathy Flanagan for filing improper applications in the US Court to order MAS and Chicago based Boeing to hand over documents related to MH 370 disappearance because Ribbeck has filed similar application in two other airplane crashes. The learned Judge has warned the firm it could face “sanctions” if it happens again, HERE & HERE
- On 19-5-2014: The family members of seven missing Malaysia Airlines Flight MH370 crew have claimed that they have been “abandoned” by MAS for seeking legal advice, HERE.
- On 19-5-2014: MAS has issued a statement stating that certain MH 370 crew member’s families had retained foreign lawyers to represent their interests. “These foreign lawyers directed that MAS cease any further direct communication with their clients, and that MAS direct all further communications regarding these crew member families to them,” it said, HERE.
- On 20-5-2014: “At no time did Ribbeck Law Chartered contact Malaysia Airlines to stop providing information regarding the search for the missing MH370 plane or to stop providing any other kind of assistance to our clients,” said Ribbeck Law Chartered attorney Monica R. Kelly, HERE.
We are now informed by the said 7:57 pm media statement of two new events with dates. They were:
- On 3-5-2014 Ribbeck Law Chartered had contacted MAS’s lawyers that it has been retained by some of the family of the crews of MH370.
- From 7 May 2014 onwards (after the closure of the Family Assistance Centre (FAC)), the airline has been updating family members with news from JACC and the Malaysian Government as and when it is made available via its caregivers and the Family Support Centre (FSC).
Firstly, in the said media statement of MAS, the top management of MAS and/or its Strategic Communications Department did not state when MAS formally appointed its lawyer and/or when its lawyers and Ribbeck have the so-called “discussions” and came out with the so-called “protocols” that MAS can now communicate with the family of the crews of MH370.
Secondly, the top management of MAS and/or its Strategic Communications Department saw it fit to stop at “On 3-5-2014 Ribbeck had contacted its lawyers to states that they have been retained by some of the family of the crews of MH370”. From this, it is obvious that there was no direction from Ribbeck that MAS was not to communicate with their clients, some of the family of the crew members of MH370.
It would not be unreasonable to assume that on 3-5-2014 Ribbeck did not inform MAS to “cease” communicating with their clients (i.e. family of the crew members of MH370) and/or only communicate with them directly as stated in the media statement of MAS of 19-5-2014.
Thirdly, the third paragraph of the said media statement of MAS states:
“Once a legal representative has been engaged, professional etiquette and rules of conduct dictate that contact with a party who is legally represented should ordinarily be through his or her lawyers.”
The issue of “professional etiquette” only applies to only lawyers when both parties are represented. In another words, Ribbeck and the lawyers of MAS cannot communicate directly with each other clients. However, the said Etiquette Rule does not prohibit direct communication between MAS and the family of the crew members of MH370.
Of course, they were occasions that lawyers do write to the other party to state that they have been retained and that the other party is not to communicate directly with their client. From the said 7:57 pm media statement, we can safely come to the conclusion that there was no such communication or letter from Ribbeck otherwise MAS would have produced it to support its earlier media statement.
If one were to look at the media statement of MAS on 19-5-2014, one will see that it did no cite “professional etiquette” as the reason to cease the communication with family of crew members of MH370.
The unambiguous reason cited by the top management of MAS and/or its Strategic Communications Department was as follows:
“These foreign lawyers directed that MAS cease any further direct communication with their clients, and that MAS direct all further communications regarding these crew member families to them.”
The said specific reasons stated by MAS on 19-5-2014 attracted the immediate clear denial by Ribbeck as follows:
“At no time did Ribbeck Law Chartered contact Malaysia Airlines to stop providing information regarding the search for the missing MH370 plane or to stop providing any other kind of assistance to our clients.”
It is most regrettable that the top management of MAS and/or its Strategic Communication Department saw it fit to attempt another spin to get out from its earlier spin. If the top management of MAS and the head of Strategic Communications Department are mindful of spinning to get out of tight spot then MAS will suffer credibility problems like what had happened to that famous Spin Guru of another airline.
Only the incompetence would resort to spinning and/or lies to get out of tight spot without supporting facts and was caught in the act.
The top management of MAS and/or its Strategic Communications Department must immediately cease to treat members of staff of MAS and Malaysians as fools. The Board of Directors of MAS must investigate into this serious matter, which involves the credibility of MAS, with the view to take serious disciplinary actions to restore whatever credibility that is left.
It would be in the best interest of MAS for the person or persons responsible for the above disinformation or spin to take the honourable step to resign to save the image of MAS and more importantly Malaysia.
