The 8A8D Toolkit
Managing Crisis Communications And Legal Risk
The 8A8D toolkit helps senior executives determine the best crisis communications strategy while balancing legal risks
About The 8A8D Toolkit
The 8A8D toolkit offers organisations a suite of possible communication options to take in response to a fast-unfolding, business critical issue or crisis. It is aimed to serve as a quick-fire checklist, with potential legal liability stemming from the issue or crisis being a key consideration in assessing the various communication options.
The 8A8D toolkit was conceived by international crisis management lawyer, Saqib Alam. Alam argues that reputational risk aside, all corporate crises or issues inevitably create some type of potential legal exposure. This can take the form of legal claims, regulatory investigations, parliamentary /congressional inquiries, police / law enforcement investigations, class actions, shareholder suits, supplier and employee litigation etc. It is therefore essential that organisations carefully consider their response to the issue or crisis with potential legal liabilities in mind.
The 16 options in the 8A8D toolkit are neither exclusive nor exhaustive. They are aimed at helping decision makers quickly analyse options before pursuing those that are most appropriate for the organisation and the situation. Often, these tools will need to be used in combination with one other in communicating a response for the issue or crisis.
The 8As
ACKNOWLEDGE
When you acknowledge an issue, you state, without more, that you are aware it exists, without providing a solution or taking responsibility. This approach allows you to make a statement on the issue, without much impact on your legal risk or exposure.
Example: “We acknowledge the concerns raised….”
Example: “We acknowledge the concerns raised….”
Appreciate
When you appreciate an issue, you demonstrate that you understand how it affects the parties involved. This shows empathy, in a way acknowledgement does not, without altering the balance of legal risks very much.
Example: “We appreciate the impact recent events have had…”
Example: “We appreciate the impact recent events have had…”
Address
When you say you will address an issue, you commit to dealing with it. This includes taking remedial actions for matters you may be responsible for. By doing so, you implicitly admit that you have control and influence over the situation, which may be construed as you having responsibility for it. Before attempting to address a situation, you must consider whether you will be able to do so effectively, or if other actors are better placed.
Example: “We will be taking immediate steps to address the issue…”
Example: “We will be taking immediate steps to address the issue…”
Accept
When you accept something, you believe it is true or valid. In a crisis, acceptance may placate the public or those aggrieved, and allow you to move forward to make things better. However, acceptance can also imply the assumption of responsibility which in turn, can increase legal exposure.
Example: “We accept there were shortcomings in our procedures…”
Example: “We accept there were shortcomings in our procedures…”
8A
Admit
When you admit to something, you agree that a specific event occurred and that you have responsibility for it. This is particularly important where the facts are known and transparency is desirable. Admissions may lead to significant legal liabilities for the organization. That said, by admitting early, you may be able to avoid protracted legal proceedings and achieve a quick legal resolution on certain matters.
Example: “We admit that there was a breach in our security procedures…”
Example: “We admit that there was a breach in our security procedures…”
Account
When you account for an issue, you commit not only to deal with it but also identify how and why it occurred and who is responsible. This may be through an internal investigation or cooperating with the authorities. Taking such actions may reduce your legal exposure. When you commit to accounting for a situation, you must be prepared for any findings to become public. These findings may be damaging to you and you will be expected to remediate any problems identified.
Example: “We are committed to carrying out a thorough investigation to determine…”
Example: “We are committed to carrying out a thorough investigation to determine…”
Apologise
When you apologise, you express regret and show contrition for your actions. Apologies can be effective in situations where little more can be done for those affected. Organizations should only apologise when they are clear about the conduct they are apologizing for and who they are apologizing to. Vague apologies are ineffective and can backfire. Apologizing does not necessarily amount to a legal admission of wrongdoing but may be perceived by some as such.
Example: “We apologise for the part we played in causing….”
Example: “We apologise for the part we played in causing….”
Attack
When you attack, you go on the offensive and take affirmative steps against those making allegations against you in order to protect your position or your reputation. This can include commencing legal actions, which may vindicate your position. It may also be perceived as an attempt to silence victims or cover up what happened.
Example “The allegations made against us are false and we will be taking legal action to protect our rights…”
Example “The allegations made against us are false and we will be taking legal action to protect our rights…”
The 8Ds
Disregard
When you disregard something, you ignore it and do not take any action. This strategy is used to consciously choose not to acknowledge or respond to an issue. Where a situation might resolve itself over time, disregarding it may be effective. However, disregarding an issue may lead to perceptions of indifference or negligence which can bring with it legal consequences.
Example: “We will disregard these baseless rumours…”
Example: “We will disregard these baseless rumours…”
Dally
When you dally, you commit to address a situation, but do so slowly. Sometimes, attention shifts elsewhere and an issue becomes less critical over time. Dallying can lead to accusations of inaction, particularly if the issue is a serious one.
Example: “We are monitoring this situation and will address this issue comprehensively in due course…”
Example: “We are monitoring this situation and will address this issue comprehensively in due course…”
Distance
When you distance yourself from an issue, you say that you have no real connection with it, either through time, proximity or because the people involved are no longer associated with you. This strategy is most effective where you have verified the facts. Without ascertaining your involvement first, this approach might worsen legal exposure.
Example: “These events of the past do not represent who we are today…”
Example: “These events of the past do not represent who we are today…”
Deflect
When you deflect, you aim to take attention away from yourself, often by suggesting the “real” issue lies elsewhere or with someone else. This strategy may shift focus away from you, but it might not alter the true balance of legal risks and liabilities if you are at fault. Incorrectly assigning blame elsewhere could also lead to credibility issues and/or create a legal exposure, particualrly from those you are pointing the finger at.
“The real issue here is in fact…”
“The real issue here is in fact…”
8D
Defuse
When you defuse a situation, you aim to take the sting out of it, often by demonstrating empathy and care or by providing immediate and interim relief to those affected. This may reduce immediate pressure on your organization, and placate those affected, in the short term.
“Pending a full inquiry, we are taking immediate steps to…”
“Pending a full inquiry, we are taking immediate steps to…”
Deny
When you deny a fact or allegation, you state that it is not true but do not provide substantial evidence. When you are confident a given fact is untrue, a denial defends your organisation’s position while maintaining its long term flexibility on the grounds for that denial. An incorrect denial, however, risks a loss of credibility and potentially the creation of new legal risks from individuals affected or public authorities.
Example: “We deny any involvement in…”
Example: “We deny any involvement in…”
Debunk
When you debunk an allegation or statement, you not only deny but you also present evidence that it is not true. Debunking an allegation is more powerful and effective in the short term than a denial. However, it should only be done with reliable and verified evidence. Deployed effectively, this can reduce your legal exposure in the long term. That said, the evidence presented must be credible to be impactful.
Example: “The allegations are categorically denied for the following reasons…”
Example: “The allegations are categorically denied for the following reasons…”
Defend
When you defend your actions, you double down on what happened. This involves providing justification for your conduct. While a strong justification might allow you to stand firm, taking a defensive position may also be perceived as tone deaf and you may be criticized for not dealing with the issue effectively.
Example: “We stand by our previous decision to…”
Example: “We stand by our previous decision to…”