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.

Related Articles

Email Delivery

Get Our Latest Articles Delivered to your inbox +
X

Sign-up for the Insider’s Email

Be the first to learn of Adam Smith, Esq. invitation-only events, surveys, and reports.





Get Our Latest Articles Delivered to Your Inbox

Like having coffee with Adam Smith, Esq. in the morning (coffee not included).

Oops, we need this information
Oops, we need this information
Oops, we need this information

Thanks and a hearty virtual handshake from the team at Adam Smith, Esq.; we’re glad you opted to hear from us.

What you can expect from us:

  • an email whenever we publish a new article;
  • respect and affection for our loyal readers. This means we’ll exercise the strictest discretion with your contact info; we will never release it outside our firm under any circumstances, not for love and not for money. And we ourselves will email you about a new article and only about a new article.

Welcome onboard! If you like what you read, tell your friends, and if you don’t, tell us.

PS: You know where to find us so we invite you to make this a two-way conversation; if you have an idea or suggestion for something you’d like us to discuss, drop it in our inbox. No promises that we’ll write about it, but we will faithfully promise to read your thoughts carefully.