In-House Counsel

Quote of the Day: Trick or Treat and the Presumption of Guilt

By Hanna

“The question was put to respondents: Is the company guilty or innocent?  More than two-thirds presumed the company was guilty, even with no facts.” (emphasis added)

 Steptoe and Johnson partner Jim Moorhead, co-chair of the crisis management practice, discussing the results of a study done by Daimler about how the public would react to a corporate crisis situation if the only thing they knew was that a company was involved.   Quoted in “Coordination Critical in Crisis Management,” Counsel to Counsel, Nov. 2008.

We expect fairness from the rule of law.  We expect mature legal systems to provide its citizens, including corporate citizens, with a fair hearing and due process. 

When I hear about surveys like the one Jim Moorhead cites above a shiver goes down my spine, and it?s not because tomorrow is Halloween and I?m bound to be bombarded by costumed Trick or Treaters knocking on the door looking to grab a fist full of candy. 

Plaintiffs look to grab a fist full of candy too ? out of your pocket.

When presumptions about corporate wrongdoing infest the jury pool it makes it harder to get a fair shake in court.  That?s why today?s quote is truly scary. 

I can turn off my porch light and send the Trick or Treaters packing.  But how do you keep potential plaintiffs off your front porch? 

It takes more than turning off the light.  On the contrary, it requires shining the light on the legal rules that govern your business and understanding the legal playing field you operate on.  It also requires the ability to execute policies and processes to enable you to recognize problems before they escalate into lawsuits.

Don’t let your business be shark bait. Take control of your legal risk before you get dragged into court.

Full post as published by Legal Literacy on October 30, 2008 (boomark / email).