USA Trends and Developments Contributed by: Eric Wachter, Jeff McAndrews, Kelly Kimberly and Nedra Pickler, FGS Global
for responding to crises, and then to test and update the plans as needed. The importance of this kind of advance work cannot be stressed enough – developing the internal infrastructure and external relationships that may be needed in a crisis, creating the plans and protocols to deploy if one hits, running simulations at all lev- els of the organisation to practice and build that necessary muscle memory, and clearly commu- nicating relevant values and policies before a cri- sis begins so they are well-known to stakehold- ers in advance and not being explained amid negative attention. A live crisis response should not start with a blank sheet of paper. Whatever the nature of the crisis, effective man- agement requires a careful balance between protecting the organisation from legal exposure and preserving the organisation’s reputation through transparency, co-operation, remedia- tion, and an authentic reiteration of core val- ues. Because these objectives sometimes can conflict, legal and communications advisors are often – and with good reason – at the centre of a crisis response and must act in close co-ordi- nation. While senior leaders and subject-matter experts are always indispensable, the legal- communications partnership must remain the keystone of crisis management, supporting and connecting all other components of the effort and largely determining whether the response will be successful. Thus, the ideal for crisis preparation or response is a tightly aligned legal and communications strategy led by a team of experts from each area who know how to execute together. This is the key to advancing legal objectives and preserving reputation in tandem, while avoiding new risk.
Some best practices for an effective legal-com- munications crisis management partnership include the following. • Getting the process right: the rapid response protocol and core crisis management team should be designed to involve legal and com- munications experts, among other relevant functions, who are empowered to respond quickly and robustly to developments. • Staying on the same page: legal and commu- nications representatives must share informa- tion and their strategies before engagement so that each side understands the other’s objectives and all relevant perspectives can be considered. • Resolving differences clearly and quickly: to avoid paralysis or uncoordinated action, there must be clear methods for making decisions to resolve competing legal and communica- tions priorities or recommendations, along with a mechanism for revisiting those priori- ties as the situation changes or new issues arise. • Confirming the facts: gathering and verifying the facts, and being disciplined in when and how they are shared, is critical to maintaining credibility and optimising legal, reputational and business considerations. • Nailing the narrative: legal counsel and communications advisors must collaborate closely, along with subject-matter experts, to develop a strong narrative that tells the organisation’s story effectively and simpli- fies complex issues, adapting the messages to specific stakeholder audiences and new developments. • Aligning the message: the organisation must present consistent messages, in one voice, to all audiences, including media, courts and regulators, litigation counterparties, custom- ers, business partners, employees and inves-
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