Remind staff members that all complaints must be treated seriously - no matter how "kooky" the caller might be or outrageous the claim might appear.

If you work in journalism long enough, chances are you will eventually get The Call. (And maybe you already have).

The Call comes from an irate subject of a news story, an opinion column, a letter to the editor or even an advertisement or editorial cartoon. The caller claims that your coverage was a bunch of lies, that he's been defamed - and he wants to know just what the %&#! are you going to do?

Good question. Because what you do could determine whether you will spend the next few years staring at the wood paneled walls of lawyers' offices helping put their kids through college.

At least one study has shown that the initial response to a libel complaint is the single most important factor in determining whether or not a libel lawsuit is actually filed. And, having now worked with hundreds of student journalists threatened with libel and privacy lawsuits over the last decade, I think the study is right on target. So how should you respond to The Call? Here are a few thoughts:

Be prepared. You need to think about your response before the telephone actually rings. As I said, complaints are part of the business. They will come, so have a game plan in place and make sure everyone on the newsroom staff knows what is expected should they be the lucky one to answer the phone (or receive the angry e-mail or open the newsroom door). I always suggest that one person - ideally a senior editor, but most importantly, a "people person" and someone not directly involved with the story - be appointed to field reader/viewer complaints. Unless there is absolutely no one else available, advisers should stay clear. It is essential that the caller understand that his beef (and later, his lawsuit if there is one) is with the student staff, not the school. Remind staff members that all complaints must be treated seriously - no matter how "kooky" the caller might be or outrageous the claim might appear. "Kooks" can - and do - sue. Every complaint should be treated as the first step to the filing of a libel lawsuit. Consequently, you must assume that every communication you have with the complainant is being carefully documented or recorded and might later be used as evidence against you.

Be polite. Understand that being exposed for one's follies and foibles- even when deserved - is unpleasant. Particularly if the subject of the story is not accustomed to the glare of the media, being held up for public scrutiny can provoke strong feelings. Often subjects of negative news stories are angry or embarrassed. They need and want to vent those feelings. Let them. Don't take their rantings personally (certainly easier said than done sometimes) and, above all, don't get into a shouting match. At this stage, the chances of your bringing them around to your point of view is nil. An argument will only fan the flames. Moreover, as cautioned above, anything you say during the heat of an argument could later be used against you at trial. Instead, treat callers with respect. Encourage them to provide whatever facts or copies of documents you might need to evaluate the complaint. Assure them that your news organization strives to report the news accurately and fairly and if mistakes have been made, it is your general policy to correct them. Inform them that their complaint will be taken seriously and investigated to determine the proper response. End the call by telling the complainant that you will respond within a set period of time and then be sure to do so, even if only to tell them that you are still investigating the matter. Don't let them stew. Again, do your best to help them see you as a person trying to do the right thing, not the enemy.

Listen - and keep quiet. If you remember nothing else, remember this: listen to the caller. Listen carefully. Listen purposefully. Take accurate notes of the conversation - or if your state law allows, record the conversation. Listening can only help you. Talking at this point can usually only hurt. Be empathetic ("I understand why you might be upset. We'll look into this."). Do not admit to error. ("I never meant it that way. We will definitely need to run a retraction."). As tactfully as you can, decline any request to provide details about who your reporters talked to or how they obtained the information for the story. ("I'm sorry, but I didn't write the story and really don't know much at this point. Right now, I'm just collecting information so that we can get to the bottom of things.") Don't explain your editing process or fact-checking policy. Don't explain how photos are selected, how headlines are written or how pages are designed. Empathize - but don't apologize or make excuses. At least not now. Listen.

Bring in help - maybe. After hearing the initial complaint, you may have a pretty good idea of its validity and the seriousness of the threat. If you're convinced the complaint is legitimate or if you are certain the complainant is determined to follow through on his threat of a lawsuit, now is probably the time to seek legal counsel. In special cases, your lawyer may want to talk to the responsible reporter or the editor on his own, where information can be revealed in a confidential and legally privileged setting. If you have libel insurance, now is also probably the time to contact your insurer. Most policies require that you notify the insurer about a serious libel complaint to ensure coverage. As a general rule, any communication (letter, phone call, e-mail) threatening legal action received directly from a lawyer, rather than the complainant himself, should be treated as a serious threat and warrants a call to your lawyer and insurance company.

Gather the facts. If the validity of the complaint remains unclear, you need to do some digging. Obtain copies of all published versions of the article (including online editions) and any previous stories on the topic. Talk briefly with the reporter about how the story was put together, what sources he or she talked to, what other information was relied on and who else on the newspaper staff was involved (editors, copy editors, design staff). Inform all staff members involved that they should gather and preserve all materials (for example, reporter notes, supporting documents, hand-edited versions, etc.) that have anything to do with how the story was prepared, edited or laid out.

Be a good winner. If, after evaluating the information you have compiled, you determine that your coverage was accurate and the complaint wholly without merit, you should notify the complainant of your conclusion. (Even if you are able to quickly dismiss the complaint, I think it's often best to wait a least a full day before responding to allow emotions to cool.) Though you may feel it, now is not the time to gloat. Even people with losing claims can still file lawsuits. Explain to the complainant that your news organization will consider reporting new information and developments about their story as matters warrant. Also, point out that if they still feel the coverage was unfair, they should consider explaining their position in a letter to the editor or station manager. Assure them that thoughtful letters critical of the news organization and its coverage are routinely published.

Or bring in help - definitely. If you find there is any reasonable basis for the complaint, you will now want to notify legal counsel for help on how to proceed. Sometimes complaints can be handled simply by a correction or retraction. These need to be handled carefully, however. A poorly written correction/retraction can sometimes do more harm than good. Occasionally, it may be appropriate to obtain the consent of the complainant prior to publishing a correction. Note, too, that corrections/retractions can sometimes be a valuable negotiating tool in securing a binding release or agreement not to sue. These are usually matters to discuss with a media law attorney. Also, many states have retraction statutes that may limit your news organization's financial liability if the law's requirements (which usually address the timing, size, placement and wording of the retraction) are met.

Take a deep breath and relax. Again, easier said than done, I know. But the reality is that while many threats are made, few lawsuits are actually filed. As I mentioned, over the past almost a dozen years, I would estimate that I have received probably 300-400 calls from student journalists threatened with libel or invasion of privacy lawsuits. In all that time, only four of those calls have resulted in a lawsuit actually being filed. Threatening a lawsuit is easy. Filing a lawsuit is a fairly involved - and expensive - step. For most complainants, being able to vent to someone who is listening and who takes their complaint seriously is enough to move them out of the red zone - which should be your goal.

Hey, now isn't that your phone ringing?

Visit the Student Press Law Center online at http://www.splc.org.