Why Legal Strategy and Crisis Communications Must Work Hand in Hand

In many crises today, the legal case and the public narrative are no longer separate tracks—they evolve together, each shaping the other in real time.

That reality makes the relationship between legal counsel and communications counsel more important than ever.

I was reminded of this during a recent panel discussion I was part of with employment attorneys. Our topics? How executives and organizations navigate situations where legal disputes and public scrutiny collide. What began with a hypothetical about reputational allegations quickly evolved into a deeper conversation about how leaders should respond when the stakes are high.

During the discussion, an audience member raised an important challenge. He described situations in which careful, measured communications had backfired for his clients, including tragedies involving employee deaths and cases of fraud at senior levels. In those moments, he argued, leaders needed to speak more forcefully and immediately rather than taking a more restrained approach.

His point highlighted an important truth: not every crisis is the same.

In the hypothetical scenario we were discussing, the issue involved allegations that a prominent author had secretly used artificial intelligence to write her novels. At that stage, the risk was speculation and reputational escalation. In situations like that, a careful and disciplined response—acknowledging the issue, emphasizing process, and avoiding statements that create new legal exposure—can be the right approach.

But when a crisis involves real harm, tragedy, or potential criminal wrongdoing, the response carries a different responsibility.

In those moments, leaders must not simple manage a narrative. They must demonstrate their values. The response must acknowledge the gravity of what has happened and reflect accountability, empathy, and a commitment to understanding the truth.

Often that means expressing sympathy or remorse first, committing to finding out what occurred, and outlining the steps the institution will that take to ensure it does not happen again.

One of my fellow panelists invoked a line often attributed to Justice Thurgood Marshall:

“Do what you think is right and let the law catch up.”

It is a powerful reminder that in moments of severe consequence, leadership is not only about managing risk—it is about doing the right thing.

Handled poorly, those moments can permanently damage an organization’s credibility. Handled well, they can demonstrate leadership and reinforce institutional values.

In other words, crisis communications is not simply about putting out a fire. It is about understanding what kind of fire you are dealing with—and what responsibility the moment demands.

The exchange reinforced a lesson we see repeatedly in our work with leaders navigating complex situations: legal strategy and communications strategy are no longer separate disciplines during a crisis.

Public statements, internal emails, social media posts—and even silence—can become evidence in litigation. At the same time, the public narrative surrounding a crisis can shape reputational outcomes long before any legal process concludes.

For that reason, the most effective approach is not to treat legal counsel and communications advisors as operating in separate lanes. They must work together from the beginning, coordinating strategy, messaging, and timing.

Organizational crises unfold simultaneously in the courtroom, in the media, and across social platforms. These predicaments require more than legal strategy or communications strategy alone. Thoughtful coordination between the two has become imperative.

At Mackey Strategies, we work with leaders and institutions navigating high-stakes legal, reputational, and operational risks. Our role is to help clients assess the moment, align strategy across teams, and communicate with clarity, credibility, and purpose—and to work closely alongside institutional counsel.

If your organization is facing a complex or rapidly evolving situation, we are always glad to share perspective or serve as a sounding board.