Business Legal Crisis Tips

First Steps

When it becomes apparent that you or your business are facing a real crisis, it is important to act quickly, but wisely. There are several key areas to pay considerable attention to immediately

Address Confidentiality

Most likely, more than one person in your company will be aware of the situation. It is important to manage the spread of (often incorrect) information. Make sure you speak privately with everyone in-the-know and pledge them to complete secrecy until you have developed a firm handle on the problems and issues at hand. Avoid conjecture and excessive discussion. It will increase the stress of those involved and the spread of incorrect information can directly harm your cause.

Establish Leadership Team

You need to decide who is in charge. The individual should be chosen for their experience, integrity and discretion. This individual should seek out experienced representation immediately. Remember, your choice in counsel should not reflect your geographic location. Objective advice, experience and aggressive representation are the key factors, not location. Set up a face-to-face meeting. Consider holding your first meeting at an off-site location for additional confidentiality. No need to let the receptionist know about your legal strategy!

Prepare the Plan

When you hold your first strategy meeting, explain clearly what is happening and introduce all key stakeholders in the situation. Point out any specific areas of concern or caution - choose directness over politeness. Talk about the adversary if there is one, the claims and issues as you see them.

Secure all relevant files relating to the dispute, and establish retention and handling protocols. Your files should be assembled in locked file cabinets and secured computers. Do not delete, modify, erase or update any electronic material. Regardless of your motives, any changes to relevant material will be seen by your opposition in the worst possible light.

Accept the fact that your position will not be perfect. Deal with your situation as honestly as possible - now is not the time to 'make your case', you need to develop a crystal clear picture of the situation as it stands.

Follow Through & Follow Up

Remember that the legal process can take a long time, so it is important to remind stakeholders of the importance of confidentiality, and controlling your message.

If your situation is or becomes public, make sure all statements are handled through one channel. Avoid the temptation for celebrity.

Commit to your strategy, and stay involved with the process. All plans change as new circumstances appear, but your primary objective and approach should remain the same.

Remember, despite the stress and complexity of your situation, you have a life to live, a business to run, and other issues to address. Hiring experienced professionals does not insure you an ideal outcome, but you should rest assured that you will achieve a solution you can live with.