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What lawyers need to know about crisis communications

Most crisis situations are burning under the surface waiting to explode. A major management think tank estimates that three-quarters of crises fall into this category, while only one in 10 are catastrophic events. Crises can be rare—only 15 percent happen without warning—but they are rarely unpredictable.

Some crises are ongoing, like Procter & Gamble going after those who claimed their old corporate logo indicated devil worship, but most are short-term, incidental, and require short decision times. The most common major crises involve white collar crime, labor disputes and mismanagement, environmental issues, product defects, recalls, and class action lawsuits.

However, the crisis communications landscape is changing.

In the past, companies responding to a crisis would admit the facts, present a plan of action, and offer a timeline to convince others that it wouldn’t happen again. Today, crisis situations feel like you’re at the Alamo. That’s because in today’s information age, a crisis can strike instantly. A crisis can also be based on speculation and unverified sources, but make no mistake: you’re under siege. It may be a rumor, a blog, a complete fiction, but you and your client may still have to deal with the problem.

Here’s what attorneys need to know about crisis communications:

o Leave legal language for briefs and court appearances. If you are selected as a spokesperson, get media training. The biggest mistake that spokespersons -and companies- make in crisis situations is not showing empathy or sincerity. Legalese can be easily misunderstood. He speaks to the media and the public as a human being.

o Respond quickly. We recommend responding to a crisis as soon as possible. A detailed response must be released within 24 hours. Post a wait statement. If you cannot answer immediately, explain why.

o Create purposeful messages. Decide what you want to say, and then communicate it clearly, concisely, and with purpose. It’s not a good idea to say “no comment”. The media interpret this as a defendant walking out of court with a clipboard to his face. He uses the media as an ally, not an adversary. Manage the crisis through communication.

o Be transparent and provide complete information. It is not good advice to run and hide during a crisis. Be honest at all times. Never cheat or cheat.

o Be strategic when handling a crisis. Build a good defense: point out existing policies and procedures; refer to your past reputation and recruit others to come to your aid.

o Speak with one voice. Make sure everyone delivers the same messages. Don’t confuse people.

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