Many crises start out as legal issues or will lead to legal issues, and it is important to protect your strategy and communications from the other side. Here are a couple of quick tips to help, but remember that everything you say in an email or write down is likely discoverable.
Quick Legal Checklist
- Include legal counsel in strategy calls
- Include legal counsel in all correspondence, particularly when developing strategy and content documents
- Get sign-off on strategy and communications from legal counsel
- Get regular updates from the legal team on case developments, particularly on upcoming legal events that may garner media coverage
- Be mindful of what is included in any written correspondence, emailed or otherwise
- For sensitive issues, pick up the phone
- Include the following statement in e-mails and any written documents and include legal counsel as a recipient: “Prepared at the direction of counsel in anticipation of litigation. Attorney work product.”
- All other crisis e-mails in which legal counsel is involved, or should be involved, add the following wording in the subject line: Privileged and Confidential
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