Community Discussion: What are your strategies for effectively managing and reducing litigation risks within your company?

General Counsels weigh on how they effectively convey legal risks to other departments without causing panic.

Community Discussion: What are your strategies for effectively managing and reducing litigation risks within your company?

(Author) General Counsel:

My business team is rather green and I'm struggling to convey legal risks without causing panic. How do you folks balance clarity with calmness?

General Counsel Responses:

  • I use analogies related to their own departments. Makes the risk more tangible and less intimidating when they see it in the context of their own work. And NEVER use legal jargon. Only use layman’s terms. No use in making non-legal people feel overwhelmed.
  • I've found that focusing on solutions rather than problems helps. Start with the risk but immediately follow with a proposed action plan.
  • It’s all about knowing your audience. I adjust my language and details based on who I'm talking to. The C-suite gets a different version than the marketing team, for example.
  • I always emphasize the collaborative nature of addressing the risk. It’s not just a legal issue; it’s a company issue. Helps to diffuse the ‘us vs. them’ mindset which is so hard to diffuse once it's out there.
  • I provide context. Explaining why a risk matters in the grand scheme of things can help stakeholders understand its significance without undue alarm.
  • Transparency is key. I lay out the risk, but also the likelihood and potential impact. Helps put things in perspective. Focus on the facts and not the emotions of the legal situation (which only leads to more panic usually). 
  • I use a 'risk thermometer' concept - categorize risks as low, medium, or high. Visual aids like this can be really effective.
  • One thing that’s worked for me is setting up a regular risk review meeting with key stakeholders. Keeps everyone on the same page and minimizes surprises.
  • I run into the same thing at my company, so I've had to devise my own system. I’ve started recording brief video updates about major legal risks and potential impacts. Sometimes a different medium can get the point across more effectively.
  • I focus on understanding their concerns first. Sometimes addressing their fears directly helps in making my points more relatable and less intimidating.
  • It's about balance. I present the facts, outline the potential impact in a straightforward manner, and avoid alarmist language.

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