When a crisis hits, the officers and staff shouldn't panic, they should take concrete steps to handle the crisis. This guide provides ten steps that a company should follow in any crisis. The managers can keep this guide handy in the event of a crisis.
1
Advise Legal Counsel
Get your lawyer on board immediately. You need someone keeping an eye on the legal issues you currently face or may face in the future. All company actions and statements in response to the crisis should be vetted by your lawyer
2
Suspend Electronic Communications.
Email communications within your company are discoverable. Don't create evidence for opposing parties. An email should be sent to all employees who communicate via email within the company stating that the topic of the crisis is off limits for email communications until further notice. Employees and consultants handling the crisis who need to communicate via email should copy legal counsel on every email, and each such message should carry this label at the bottom:
This email message is for the sole use of the intended recipient and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
3
Suspend Internal Memos About the Crisis
Internal memos are discoverable. In whatever manner is most effective, communicate to all pertinent employees that, on orders of legal counsel, issues pertaining to the crisis are not to be communicated via memo.
4
Prohibit Unnecessary Discussion Regarding the Crisis
Unless communications take place with legal counsel present, all communications are discoverable. If employees are required to testify about the crisis, they may be forced to reveal the specifics of any discussions they had regarding the subject, including the identities of the participants in the discussion. The safe course is to prohibit all unnecessary communications regarding the crisis within your company.
5
Suspend Records-Destruction Activity.
Immediately suspend your records-destruction procedures until your legal counsel authorizes their resumption. You are legally obligated to preserve evidence if litigation or a criminal investigation is anticipated. Destruction of evidence is a serious charge whether made in a civil or criminal proceeding.
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