Crisis can leave your brand open to attack. It can also leave your business open to legal consequences.
Don’t Be Shy, Get to Know Your Legal
Advisors
As mentioned earlier, you’ll want to build a bridge with your legal
team as part of business as usual, so you don’t have to start from
scratch when things get hectic.
Marketers sometimes feel that legal
would like for us not to say anything—
ever. And this might
(justifiably) be the case
during a lawsuit. But
an experienced lawyer
knows that marketing’s
job is to promote
the businesses, and
during times of crisis, this means safeguarding its
reputation. Working with counsel during a crisis will
help you find the best way to ensure that your audience
feels heard and that you are taking responsibility without
opening yourself up to a lawsuit as a result of your PR and marketing activities.
When to Go to Legal
Here are some guidelines for when to consult legal, whether you’re in a time of crisis or just trying
to make sure that nothing you say or do will cause one.
Go to legal when:
• Your company has been accused of doing something illegal.
• You believe that your company could be accused of doing
something illegal very soon. Remember, any statement you
make about events or circumstances relating to this legal action
(including internal emails) could be used in a lawsuit.
• Your communications are directly targeting a competitor and
shedding negative light on them.
• You are making claims about your product’s functionality or the
breadth of your services. For instance, while describing how great
your product is would typically be construed as opinion (and
therefore not a legal liability), if you’re listing product features,
counsel may want to cross-reference what you’re saying with any
contracts customers sign to ensure the lists match.
• You are making factual claims about your product that you know are difficult to prove.
Tip: As tempting as they may be, using certain words can open
you up to unwanted scrutiny and even the threat of legal action.
Here are some examples of words to avoid: always,
guaranteed, unlimited, proven, 100%, and never fails.
As marketers, we can find creative ways for touting our products
without making factual claims we can’t actually prove, thus
sidestepping a potential crisis.
Don’t Be Shy, Get to Know Your Legal
Advisors
As mentioned earlier, you’ll want to build a bridge with your legal
team as part of business as usual, so you don’t have to start from
scratch when things get hectic.
Marketers sometimes feel that legal
would like for us not to say anything—
ever. And this might
(justifiably) be the case
during a lawsuit. But
an experienced lawyer
knows that marketing’s
job is to promote
the businesses, and
during times of crisis, this means safeguarding its
reputation. Working with counsel during a crisis will
help you find the best way to ensure that your audience
feels heard and that you are taking responsibility without
opening yourself up to a lawsuit as a result of your PR and marketing activities.
When to Go to Legal
Here are some guidelines for when to consult legal, whether you’re in a time of crisis or just trying
to make sure that nothing you say or do will cause one.
Go to legal when:
• Your company has been accused of doing something illegal.
• You believe that your company could be accused of doing
something illegal very soon. Remember, any statement you
make about events or circumstances relating to this legal action
(including internal emails) could be used in a lawsuit.
• Your communications are directly targeting a competitor and
shedding negative light on them.
• You are making claims about your product’s functionality or the
breadth of your services. For instance, while describing how great
your product is would typically be construed as opinion (and
therefore not a legal liability), if you’re listing product features,
counsel may want to cross-reference what you’re saying with any
contracts customers sign to ensure the lists match.
• You are making factual claims about your product that you know are difficult to prove.
Tip: As tempting as they may be, using certain words can open
you up to unwanted scrutiny and even the threat of legal action.
Here are some examples of words to avoid: always,
guaranteed, unlimited, proven, 100%, and never fails.
As marketers, we can find creative ways for touting our products
without making factual claims we can’t actually prove, thus
sidestepping a potential crisis.