Law360: How to Work with Outside Counsel in a Crisis

Among other tips, Halter noted that if the collaboration between the company and its outside counsel isn't working, in-house counsel shouldn't hesitate to switch firms mid-crisis.

That "doesn't mean you have to fire your lawyer for all purposes," she said. "But a crisis scenario is not the time to hang onto things that aren't working."

She added that knowing when to make a change will vary for each client, but most in-house attorneys have experience teaming up with firms and realize when it's not a suitable fit, and they must be ready and willing to act on that instinct.

In addition, Halter noted that one of the most important steps for outside counsel is to help prioritize responses and consider overall liability — not just the estimated costs in litigation or arbitration, but also in business relationships.

"We don't do the weighing, but we can help them organize themselves in such a way to do that proper weighing," Halter said, adding that a company should never turn over the crisis management to outside counsel, but rather take ownership of and drive the response.

In-house lawyers should also expect 24/7 availability and rapid responses from their outside counsel. Part of getting ahead of an issue is adopting an intense effort from the get-go.

Especially in a situation where the stakes are higher and there's great uncertainty, in-house counsel should not think twice about meeting with their outside counterparts in person, by video or over the phone, Halter said. In these often stressful situations, face time can help protect privilege, capture any nuances and avoid miscommunications at a time when there's no room for mistakes.

Once the urgency of the crisis has waned, Law360 reported that in-house lawyers and the other core members of a crisis response team should conduct a thorough postmortem of the process with outside counsel, which can be done verbally or in writing, to capture the lessons learned and implement improvements going forward.

"When you have a crisis, it's often a concentrated, expensive, emotionally draining experience, and when it's over, you just want to walk away," Halter said. "But corporate crises typically present both challenges and opportunities, and sometimes the opportunities don't reveal themselves until the immediacy of the crisis has subsided."