Dealing with legal aspects of a crisis: A guide for PR experts
In today's world, companies and organizations face an increasing number of crises that can have a significant impact on their reputation and bottom line. While PR professionals are typically called upon to handle the communications aspects of a crisis, it is important to remember that there are often legal implications as well. In this guide, we'll explore some key legal considerations that PR experts should keep in mind when dealing with a crisis.
1. Protecting privileged information
One of the first things PR experts need to do is work with legal counsel to identify and protect any privileged information that may be relevant to the crisis. Privileged information includes any communications that are protected by attorney-client privilege, work product doctrine, or other legal privileges. This can include emails, memos, and other documents that were prepared or created in anticipation of litigation or at the direction of an attorney.
It is important to segregate privileged information from other documents and communications related to the crisis, and to ensure that only those individuals who are authorized to view privileged information are given access. Failure to properly handle privileged information can result in it being waived, which can have significant consequences in any future legal proceedings.
2. Compliance with legal obligations
Companies and organizations have a number of legal obligations that may be triggered by a crisis. For example, certain industries may be subject to regulations that require them to report certain types of incidents to regulatory authorities. In addition, companies may be required to disclose information about a crisis in their financial statements or other public filings.
PR experts should work closely with legal counsel to identify and comply with all relevant legal obligations. Failure to do so can result in significant penalties and legal liability.
3. Preserving evidence
In many cases, a crisis will give rise to litigation or other legal proceedings. In order to preserve important evidence that may be relevant to these proceedings, PR experts need to work with legal counsel to implement a document preservation plan.
Document preservation involves identifying potentially relevant documents and communications, and taking steps to ensure that they are not deleted or destroyed. This can include placing a legal hold on relevant documents, which means that they cannot be deleted or destroyed without first obtaining approval from legal counsel.
4. Managing legal risks
When facing a crisis, companies and organizations must be mindful of the various legal risks that they may face. These can include lawsuits from customers or other parties who were harmed by the crisis, regulatory penalties, and reputational damage.
PR experts should work closely with legal counsel to identify and manage these risks. This may involve developing a strategy for responding to legal claims, negotiating settlements, and implementing changes to policies and procedures to reduce the likelihood of similar incidents occurring in the future.
5. Balancing legal and PR considerations
Finally, it is important for PR experts to strike the right balance between legal and PR considerations when dealing with a crisis. While legal considerations are important, PR experts must also be mindful of the need to protect the reputation of the company or organization.
This may involve developing messaging that is consistent with legal requirements, but that also highlights steps that the company is taking to address the crisis and prevent similar incidents from occurring in the future. PR experts should also be prepared to provide regular updates to stakeholders and the public, while being careful not to disclose any privileged information or make statements that could be used against the company in any legal proceedings.
In conclusion, dealing with a crisis can be a complex and challenging task for PR experts. However, by working closely with legal counsel and keeping these key legal considerations in mind, PR professionals can help their companies and organizations navigate these difficult times and emerge stronger on the other side.