Crisis Management: The General Counsel’s Role in a Time of National Turmoil

The general counsel is frequently called upon to help leadership manage reputational threats to the institution, including potential legal liability or claims, that arise from the unprecedented challenges facing higher education today. If the crisis is the subject of national media attention, that response will be complicated by expectations to provide information and answers to trustees, to the campus community and frequently to media. Each decision made will be carefully scrutinized and frequently criticized, and the general counsel’s advice is critical.

This session will present a series of exercises highlighting not-so-hypothetical high-profile situations and will share advice from general counsels and other experts for thoughtful and quick decision making in the moment. Topics include:

• How have the rules changed in the current environment regarding best practices for crisis communication and responding to media inquiries?
• What role does the general counsel play in an emergency management team and what are the key strategic and legal questions that require legal advice?
• Strategies to maintain the attorney-client privilege in situations with high public interest and many involved individuals – including Trustees; and
• How might perspectives and strategies differ for private versus public institutions, and for institutions located in "blue" versus "red" states?