Page 37 - CCCA61_2012

CCCA_V6No1_CrisisCommunication-FIN_CCCA_V6No1_CrisisCommunication 2/13/12 10:45 PM Page 37 important for the university to reiterate its message during the Feature course of the trial. As the case developed, new information The team approach to a crisis was incorporated into the original message, Lai explains. And once the SCC ruled in favour of the university, it was impor- In-house counsel play a role whenever a crisis hap- tant to have closure both in the public eye and from a legal pens, but they're not always helpful because they point of view: UBC issued a statement welcoming the deci- usually focus solely on protecting a company legal- sion and citing the ruling as an affirmation of the university’s ly, says Jeff Ansell, principal of Jeff Ansell & “role in fostering open discourse and academic freedom Associates Inc., a media strategy firm in Toronto. without threats of legal action.” He recommends counsel take this approach to The strategy worked because “in the court of public opin- working with the team: ion, emotion always wins out over fact,” says Ansell. Furthermore, the university was open and honest about what 1 It’s essential that counsel be aware that organiz- happened — crucial in setting the tone in the public realm. ational credibility, long-term reputation and trust The importance of openess and honesty was an important must be considered. lesson for Canadian Blood Services (CBS), created in 1998 on the recommendation of the Royal Commission of 2 Ask important players in the room how they want Inquiry on the Blood System in Canada after the tainted the company to be perceived. Counsel should help blood crisis that emerged in the early 1990s. lead the group through a process to identify The CBS had no role in that crisis but how it unfolded answers and messages. was instructive, says Watson Gale, vice-president, general counsel and corporate secretary of Canadian Blood Services 3 Counsel must be asked the tough questions in Ottawa. The organization places a premium on trans- that need answers, such as, “Did your product parency and is prepared to deal with any crisis. “If you under- harm people?” stand your values as an organization and respond quickly and honestly in the context of those values, then that’s the best 4 Everyone in the room should take good notes on thing you can do,” he says. “Corporate counsel’s role is to the answers counsel gives. support that by giving your organization confidence that it’s not exposing itself to unreasonable risk by ensuring what is 5 When the answers are complete, the group said is accurate and consistent, and not getting in the way.” should be reminded of how the company wants to Working with management or public affairs to quickly be perceived. address the public or the media is one way to be useful. In fact, in-house counsel can help deal with the crisis quickly by 6 Counsel should be asked if he or she believes preparing management and public affairs for what’s to come. the answers reflect the way the firm wants to “When a crisis breaks, you have little time and you need to be perceived. be off the mark quickly,” Gale says. “As an organization, you have to be able to answer any questions right away and be 7 If counsel believes the answers are fine, and man- able to answer all questions that are asked.” agement thinks otherwise, the group should be Consider how Maple Leaf Foods Inc. responded to an out- asked for its opinion. break of listeriosis in one of its Toronto meat processing plants, an incident linked to at least 20 deaths. (Maple Leaf Foods 8 If counsel’s answers don’t reflect the way the firm subsequently agreed to pay up to $27-million to settle class- wants to be perceived, ask counsel what could be action lawsuits.) said instead. “Maple Leaf Foods’ CEO Michael McCain set the gold standard,” Gale says, a view shared by others. Rather than hide 9 Discussion of the answers should be steered back behind its lawyers and issue perfunctory press releases, Ansell toward the original suggestion, adding words of says, “Maple Leaf Foods showed that it cared. When some- value that counsel provided. thing like this happens, people want you to acknowledge the PRINTEMPS 2012 CCCA Canadian Corporate Counsel Association 37