No matter how diligent and scrupulous your "disaster recovery"
plans may be from the perspective of IT business-continuity and
"hot" off-site locations, have you ever considered another type
of disaster and the recovery that is required? That is, a
disaster not to a major downtown, but to your firm’s reputation? As
Arthur Andersen taught us—lest there was doubt before—the
reputation of a sophisticated professional service firm can be
destroyed overnight, with fatal consequences.
Surely, you protest, nothing of like magnitude could befall a
firm that trades on its reputation every day, and knows it. Beware,
however, that what we illustrious cognoscenti of the bar view as
sophisticated or aggressive advocacy can be seen in an utterly
different light by the public—including those in a position
to apply pressure to your clients. Perhaps the most shocking
aspect of the depressing, despicable, and dishonorable Abu Ghraib
prisoner-abuse scandal, after all, was not that some soldiers went
haywire, but that Justice Department lawyers argued torture
was legal.
Should you, then, have a contingency plan in place should the equivalent
of Tylenol or Bhopal hit your firm? Yes: But make it
more of a contingency "structure." That is, know
in advance:
- who speaks for the firm;
- ensure that it’s the right combination of astute and media-savvy
lawyers, and communications experts; - who can deliver a pithy and, above all, believable message
("we did nothing wrong" rang a bit hollow for Andersen
as clients such as Delta Airlines were deserting); - like a political candidate, stay "on message"—more
strongly, take any challenge as an invitation to reiterate the
message.
Sound anti-intellectual? Sound manipulative? Sound
superficial and transparent? Welcome to 21st-Century media: They’re
not going to play by decorous rules.
Here’s more on the topic. The bottom line is that the hardest
part is that lawyers in a personal business crisis will instinctively clam up when it feels as though there’s
nothing good to say. But you must play against type: A charge unrebutted is a charge deemed
admitted.
Bruce,
I couldn’t agree more with this post. Major players need to realize that facts in the media are often half-digested; newspapers and pundits do not deliberate like a jury. Gathering and analyzing all the facts is just too expensive. Your analogy to politics is completely appropriate. A single, clear, credible message is really essential to avoid disaster.