Andi CheungCorporate Lawyer Philippines is instrumental in addressing Public Relations (PR) crises that may potentially put the company’s image and its operations at stake. Crisis management in the face of troubles such as litigation, regulatory issues, or even social controversies comes down to a corporate attorney. Their primary functions are damage control, safeguarding the company’s interests, and winning back the trust of the public. Below is how corporate lawyers in the Philippines deal with PR crisis issues.
Legal Risk Assessment and Crisis Management Strategy Development
At the onset of a public relations crisis, company lawyers will often first undertake a legal risk assessment to gauge the extent and the legal consequences of the situation. This concerns among others, the one causing the crisis, the law, liabilities, and the reputation and functioning of the organization. This evaluation plays an important role in formulating an efficient crisis management plan.
This strategy may include:
Recognizing pressing legal challenges and implementing preventive measures to mitigate additional losses, including sending out cease and desist letters or seeking provisional restraining orders. Counseling the firm on permissible and impermissible public statements as a means of containment of the escalating situation. Contacting relevant government agencies, clientele, and other important parties to inform them about the firm’s stance and the actions being taken.
Navigating Regulatory and Compliance Issues
In the Philippines, businesses operate under various laws and regulations which they have to comply with at all costs; failure to do so leads to being at the risk of public outcry within the shortest time. For instance, crises may arise about labor laws, environmental issues, data protection, or even issues of corporate governance.
Corporate Lawyers help by:
Performing detailed assessments to ensure the organization adheres to all applicable laws and regulations, thereby limiting legal risks. Appealing to the relevant authorities for an amicable resolution of issues, where possible, making use of penalty or compliance deadline bargaining to settle issues without the need for lengthy polemical exchanges. In circumstances where oversight bodies conduct investigative activities, counsel for the corporation drafts rebuttals to shield the organization from punishment that may further tarnish its image.
Managing Public Statements and Media Communication
At the heart of every law firm’s communication effort, especially in dealing with the media, is the involvement of corporate lawyers. With the advent of social media in the Philippines and its access to traditional media, companies need to be careful about how they present their case.
Lawyers contribute by:
Guarantee that all external communications, press communications, and social network interactions are compliant with the legal requirements and do not unintentionally assume liability or breach any statutes. Assisting the PR staff in crafting appropriate legal language where necessary but without damaging the company’s legal status. Advising the corporation on how to dismiss and correct the erroneous information disseminated by the media, possibly using cease-and-desist letters or other legal means.
Protecting the Company’s Reputation through Litigation and Legal Remedies
PR crises in certain instances may also extend to include injustice allegations such as defamation breach of contract or even accusations of crime. In such instances, Company counsels may institute lawsuits to shield the corporation from attack and mitigate the effect of untrue statements.
Actions may include:
In cases where untrue information harms a company’s image, an attorney could file a defamation case against a person or an organization that caused such damage. Corporate solicitors might go as far as approaching the courts with requests to prevent the spread of any information deemed harmful, or any conduct by third parties which may exacerbate the situation. If the issue at hand is a legal issue as well, the lawyers may try to persuade the client to agree to a settlement out of court to avoid further complications and scandal.
Conducting Internal Investigations
In instances where a public relations crisis is prompted by claims of misconduct or breaches of regulations against the company, in-house legal representatives perform fact-finding missions. This is useful in resolving the underlying cause of the problem, as well as in formulating the appropriate response.
An internal investigation may involve:
Reviewing contracts, correspondence, and other pertinent materials to locate and analyze evidentiary content. Interviewing those who might possess information about the purported occurrence. Providing recommendations to the organization on what remedial actions to undertake, including but not limited to, stepping up compliance programs, amending existing policies, or carrying out disciplinary actions.
Advising on Corporate Governance and Policy Changes
A breach of trust and confidence, in a relationship between a company and its stakeholders can indicate managerial weaknesses in the internal policies or corporate governance. In this regard, corporate lawyers in the Philippines serve a good purpose in advising clients on how these areas can be improved to avoid future crises.
Steps may include:
Amending the existing internal rules as regards compliance, ethics, and crisis management with regard to current trends and law. Improving monitoring systems and institutionalizing board practices to ensure enhanced accountability and transparency. Recommending on training plans for the staff and management on legal compliance and crisis management strategies.
Engaging in Alternative Dispute Resolution (ADR)
If the events leading to a PR crisis are connected with agonizing circumstances between two or more parties, corporate lawyers may counsel on the use of alternative dispute resolution mechanisms such as mediation, arbitration, etc. Avoiding the courts, such alternative dispute resolution aids in the timely and efficient resolution of conflict.
Benefits of ADR include:
In contrast to the court cases, ADR is private in nature, which is helpful in avoiding any damaging effects on the reputation of the firm. Usually, ADR processes are cheaper and swifter than going to the courts enabling the company to concentrate on repairing the image. Mediation or arbitration can help resolve differences in a friendly manner and this is beneficial especially when the crisis affects partners, suppliers, or customers.
Addressing Data Breaches and Cybersecurity Incidents
Data breaches present a huge risk in terms of PR, particularly in this digital age. In the Philippines, data privacy laws like the Data Privacy Act of 2012 place businesses under a strict obligation to safeguard personal information.
Corporate lawyers assist by:
Guiding the organization concerning the measures that need to be implemented in reaction to the infringement, including communication with the relevant parties and the National Privacy Commission. Evaluating the consequences of the legal transgression and providing recommendations on ways to reduce adverse effects, in particular, incurring expenses, paying damages, or payments to those American citizens whose identities have been stolen. Acting on behalf of the firm during any investigations conducted by regulatory authorities and providing direction on compliance issues.
Monitoring Social Media and Online Reputation
In-house counsel sometimes cooperates with public relations in-house departments by looking on the internet to ensure that no comments are made that would aggravate the situation or create legal problems for the corporation. In such a way, lawyers can look for the appropriate intervention to any adverse information that may be released and its timing.
Key Takeaway
The function of corporate lawyers in the Philippines is not only limited to offering legal services or arguing cases in court. This includes, for example, the management of public relations crises which calls for both legal skills and tactical crisis management.
By undertaking risk assessment, controlling the flow of information to the public, settling conflicts, and advising on legal matters, they assist organizations in dealing with the crisis effectively without damaging their image and incurring unnecessary legal costs. In a situation where the image of a corporation is so crucial in determining the success of that corporation’s business, corporate lawyers are imperative during PR crisis management.
