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Preparing for a crisis? Natural disasters, power cuts, industrial accidents, stakeholder activism or cybercrime, or simply the loss of a partnership contract are only some of the events that could precipitate a crisis, resulting in damage to your organisation’s operations, its brand and reputation.
How your business responds to a crisis could potentially cause irreparable damage to its operations, brand and reputation.
A poor response could elicit an immediate and savage reaction from an increasingly social media-savvy population, adversely affecting share prices, prompting executive resignations and even business decline.
[FREE DOWNLOAD] Crisis Management Checklist
When a crisis hits, you will be under pressure — pressure to act or to respond, pressure from those to whom you answer internally and potentially from external stakeholders as well.
As a trusted advisor, you may be out of your comfort zone, unsure of your reporting obligations, what to divulge, to whom and when, and the order in which to do things.
Your first instinct may be to try and react immediately in response to the agendas of others or, conversely, to clam up and adopt a legal position.
However, if you get things right, you can seize control of the problem and set and drive a coherent strategy which shapes the future, optimises your position, and manages and limits damage.
What does a crisis involve?
A crisis involves a time of intense difficulty or danger when a difficult or important decision must be made.
Unforeseen and unwelcome events can impact on an organisation at any time. In some cases, you may have some warning (e.g., an industrial dispute or a failure in your supply chain), but not always.
How can you prepare to manage a crisis?
Your company’s legal representatives should be involved in both contingency planning and crisis management, so your company can prepare for and practice responding to a crisis.
Consider preparing contingency plans for possible eventualities such as:
Also, consider any potential legal or regulatory threats, where you may be expected to lead the crisis team, such as:
Time spent considering what could happen, how you would react and who would need to be involved will make your reactions faster and more effective if the worst does happen.
What does crisis management involve?
A sudden crisis can put a business under pressure to respond in order to protect its staff, resources and operations. It pressures a business to act, to respond and immediately comply with reporting obligations.
Crisis management involves:
What should you consider when preparing to respond to a crisis?
In the event of a crisis, it’s likely that your company will be under greater public scrutiny and subject to more media coverage than normal.
Depending on the situation, there may be legal or regulatory implications to consider in terms of what is said and what is reported.
As well as advising on the content of messages from a legal perspective, you should also be monitoring what is being said about your organisation by others, so you can take action if necessary.
You may consider the following questions when advising on, or preparing to, respond to a crisis.
The importance of information gathering when a crisis occurs
In the first 12 hours of a crisis, the information available is likely to be patchy and incomplete. Assess quickly what information you have, what is the minimum you need to address the problem effectively and how you will get it.
Do not be tempted to commit too early, or to fill in the gaps with assumptions. Keep an open mind as you start to gather and review the information.
Consider also how you will gather information or evidence comprehensively, safely, and carefully. How you gather evidence is important.
If you can gain control of the problem and develop a coherent strategy which shapes the near-term and long-term future, it is possible to manage and limit the reputational risks that may occur.
Under pressure to provide quality, accurate legal advice fast?
More information on crisis planning can be found inside Practical Guidance In-house Advisor, which offers a wide range of tools designed specifically for corporate in-house lawyers.
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