THE PRACTICE OF LAW IN THE TIME OF COVID-19
Act Now:
When Looking in the Rearview Mirror Is Not an Option BY JENNIFER SMUTS
A
s the world started to learn about the coronavirus, law firms dusted off crisis plans the same way individuals might pull out insurance policies — you invest in these tools with the hope of never having to rely on them. By the week of March 15 it became clear as to which law firms had crisis communication plans in place because website posts went live, media statements were issued to both business and industry publications and managing partners became spokespeople and their statements were issued to staff, clients and co-counsel alike. Crisis Communication Plans
The most effective crisis communication plans are built around a team of people who have a track-record of getting things done. Being a cross-functional team, they will effectively cover fact-gathering, provide timely responses, develop substantive communications, and have a strong spokesperson. Nothing is left to chance! From something as basic as providing the receptionist the media protocol (so they do not inadvertently give the wrong message to a hungry journalist) or being prepared for the question: “How is the firm operating in this environment?” to the more difficult development of protocol related to the complicated issue of contraction of the virus by a member of the firm — always remember that your most important audience are your employees. The normal model of crisis communications is “Prepare, Respond, Recover.” Law firms are now in the “Respond” phase and beyond. Susan Freeman, CEO of Freeman Means Business states, “Remember, during a crisis, people take in information differently, process it differently, and act on it differently. People latch onto the information that makes the most sense to them. People filter what they hear through their beliefs, values, behavioral patterns and current physical and emotional states. Communication doesn’t take place until the recipient filters and decodes the message. In other words, communication takes place in the mind of the receiver. During a crisis, the current physical and emotional state of our audience is key.” Well-thought out messages delivered effectively will dispel panic versus create it. Business as Usual? As much as you want things to go back to normal — that does not exist anymore. “Don’t use the term ‘business as usual’ when describing how your law firm continues to meet client needs,” states Gina Furia Rubel, Esquire, CEO of Furia Rubel Communications “because it’s just not true!” Law firms are in the business of providing insight on how breaking news affects clients. Call your clients and ask them what they want and need and if you can, afford them information that is relevant to the problems they are trying to solve. 24
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Law firms manage multi-prong challenges and the communication of important facts is not only important — it is imperative! New York Governor, Andrew Cuomo, is a commendable example for law firms. He is taking responsibility for an action plan, he provides assurance of survival (although we will experience pain), he is present via regular press conferences and Q&A sessions, and he is a human being. He openly talks about his brother contracting the virus and being scared. Resilience The capacity to recover comes from being able to see our way through a difficulty, a hard time, or problem. The illumination of a plan and the articulation of how individuals will play a role affords invaluable transparency that aids resiliency. Rubel states, “When the thought process behind a decision isn’t articulated and there is lack of transparency even reasonable people will develop their own story.” From firm solutions for the challenges clients face to the issues individual lawyers are having in the shift to a “work from home” environment, sharing information that can be helpful to others in the firm is important. “As everyone is adjusting to working more virtually, it is more important than ever for practices to continue to hold regular practice group meetings,” states Susan Raridon Lambreth, Esquire, co-founder of LawVision. “These (practice group) meetings will provide
