Thanks for your feedback. I agree that creativity is a big reason why brands go to agencies and if agencies just promoted their creative departments then their clients know to expect creative input and to source risk-based solutions elsewhere.
The agencies I had in mind when I wrote my post are the agencies that sell strategy as a component of their services but that strategy work totally ignores a huge risk profile because they either don’t see the value of incorporating it as part of their analysis or because they don’t understand it and, essentially, ignore it.
These are not reasons not to include this component. I think I understand the reasons why agencies tend to ignore legal functions (or treat them like that mouldy container in the back of the fridge) and lawyers are partly to blame because, as a profession, we are not exactly user friendly. That said, there are better ways to bring the two together and (here is my little pitch) I have been working on models for doing this for a couple years now culminating in my current approach to this problem.
My solutions are not necessarily the only ones. My point is more that the social/digital space is dynamic and presents different challenges. They still face many of the same risks other businesses do and, in some cases, even more given a strong consumer focus. What this means is that they also need to address a range of legal and compliance risks, in addition to reputation and other factors which strategists do consider.