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For this reason, lawyers are increas- ingly teaming up with communications professionals and deploying strategic communications to pre-empt or miti- gate the consequences of a crisis. An ounce of prevention The first challenge is to recognize a com- munications risk before it becomes a cri- sis. The majority of crises can be averted by companies that identify their vulner- abilities and develop communications responses and strategies for each. A co-ordinated approach to issues management can help an organization identify and anticipate contentious is- sues, prevent crises from germinating, and influence their evolution and out- come if they do emerge. Communica- tions risk management begins with an inventory of a company's vulnerabilities and the critical issues that may intersect with its operations. This inventory becomes the front end of a company's crisis communications plan — arguably the most important document in this process. As a comple- ment to emergency procedures, the crisis plan should contain detailed communi- cations-response procedures: a desig- nated team and spokesperson, triage methods, stakeholder communications priorities, template response materials, contact lists, first response, online activi- ties, and media policies. The plan can then be "road tested" through a crisis simulation that assesses the team's knowledge of procedures, its implementation skills, and message ef- fectiveness. Did the crisis response, when played out, escalate or solve the crisis? Communicating during litigation The species of crisis that lawyers are most likely to encounter is high-profile litigation. Barely a day goes by without media reporting on a company or indi- vidual initiating or facing litigation. The effect goes well beyond the courtroom and reaches the same stakeholders as other types of crises. Because of the ex- pectation of "clean hands," special care must be taken in communications. Plaintiffs have the distinct advantage of setting the agenda through colourful allegations in statements of claim that www. C ANADIAN Law ye rmag.com M ARCH 2008 31 get quoted by the media. In the litiga- tion-mad United States, complaints are increasingly written like Hollywood dra- mas to pique media interest and extract a settlement. It's just a matter of time be- fore we see this trend in Canada. Defendants are compelled to respond to allegations, without necessarily want- ing to plead their defence through the press — or even having had the benefit of studying the allegations. It's a careful balancing act. If the defendant chooses to remain silent, the plaintiff has carte blanche to feed its version to journalists, ensuring that coverage is protracted and potentially more damaging each day. As news escalates, exogenous issues are dragged into coverage. In the interest of recognizing that public interest is at stake, companies are becoming more forthright in disclos- ing their positions in litigation, without compromising their options before the court. Defendants may even choose to disclose their understanding of a party's intent to sue, in order to gain the upper hand in media coverage. Whether representing plaintiffs or de- fendants, lawyers can explain the issue at hand and the nature of the litigation. It's sad but true that the public nature of litigation compels counsel to weigh the reputational consequences of protracted litigation against the possible damages in a court-award or settlement. Weathering a crisis: The last word Most lectures on crisis-management point out that the Chinese expression for crisis (wei ji) is a combination of two words: danger and opportunity. No company would willingly submit itself to a crisis, but the company that weath- ers one will understand that a well-man- aged response leaves a favourable im- pression and inspires renewed confidence. David Weiner is senior partner at NATIONAL Public Relations and head of its corporate practice. He has assisted hun- dreds of companies on issues and crises.