I’ll admit it. When iconic producer Shonda Rhimes created Scandal , I was immediately drawn to the Oliva Pope character—and for good reason. I knew the lawyer whose career loosely inspired the role. Watching a female attorney walk into chaos, assess the problem and restore order with decisive, composed and stylish grace was nothing short of impressive.
It resonated deeply, because in my own career—and in those of many of my female former AUSA colleagues—we were Olivia Pope. At least before the show traded crisis management for romance. But unlike Olivia’s world, real crisis management is far quieter, far less scripted and carries far greater consequences when the solution doesn’t hold.
So many lawyers have been called when the stakes are high, competing priorities permeate the room and only incomplete information is available. A tragedy strikes. A lapse in judgment by a C-Suite executive. An intentional misinterpretation of industry rules and regulations caught by the government. An “uh-oh” moment of the magnitude that requires all-hands-on-deck to resolve.
But unlike television, there is no guarantee that the outcome will be neat, immediate or satisfying. You may recognize the weight of that moment. Everyone wants to point a finger. The pressure is heavy. The consequences—whether financial, reputational, business or personal—are real and potentially irreversible. Everyone is looking to you for swift analysis and clear direction. And they want it “right now” with complete clarity… and accuracy.
Under Pressure
Hardly a day passes without some industry making news for the wrong reasons. Across the board, the law has grown increasingly unstable, regulatory priorities have shifted with little to no warning and public scrutiny accelerates faster than facts can be formed or released. Technology has introduced distrust in information with the introduction of artificial intelligence in almost every aspect of every industry. As a result, lawyers who help manage crises are increasingly asked to operate not only as legal advisors but as strategic decision-makers at the highest levels in boardrooms across the country.
All of this notwithstanding, you cannot think of crisis management work as simply “high-pressure lawyering.” Crisis management is its own genre. It is more than analyzing the law, assessing exposure and advising on various options. It is more than making sure the client is trial-ready; that is just the starting point. Clients are not simply asking for options on next steps or permission to move in a certain direction. They are looking to you for advice on what to do next, how quickly they can act and what the real consequences will be if the next move is the wrong move. They crave advice that comes from wisdom, experience and good judgment.
In my experience, it is this ability to advise under pressure where many lawyers, particularly women lawyers, feel unsettled. Not many have the experience and confidence to quickly synthesize incomplete facts, balance competing risks, factor various human dynamics and pull the trigger on an imperfect next step, realizing that the steps after that may need to move quickly in a different direction. It’s that imperfection that makes us nervous. The lack of time to research and discern the perfect “it depends” answer is discomforting. Yet the trigger must be pulled. The crisis exists. The crisis must be managed. The quiet part has to be said out loud.
How to Manage a Legal Crisis Without Derailing Your Career
A crisis may unfold over time, but its trajectory is often determined at the outset. The first few hours are less about having complete answers and more about establishing control of the narrative and the direction of the outcome. That starts with information. As much information as possible as quickly as possible. Every detail is not necessary, just the right details, gathered and channeled through a reliable and confidential structure.
Bits and pieces are fine to collect, but they must be put together. Like putting together a thousand-piece puzzle. Everything must be laid out and there must be a coordinated flow of information. There must be a coherent plan of attack. Thought must be given to varied outcomes. Like in a high-stakes game of chess, this leads to better decision-making and execution.
Equally important is clarity around decision-making. Who has authority? Who is in the “need to know” column? What requires escalation? How far up the chain should things be escalated? What should be addressed immediately? What can wait until more information is available? There must be defined pathways to success. There must be a desire and the courage to change directions if needed.
Yet the timeline is important. Why? Because often, restraint is the enemy of success. The instinct to act immediately is always prevalent, especially for executives under pressure. But premature action can create consequences that are worse than the original problem. There is that saying, “patience is a virtue.” That is never more true than in a crisis. Discipline. Intent. Measured reactions. These can all prevent making poor decisions that cannot be easily undone. A good crisis management lawyer understands this and has the ability to slow the room down enough for everyone to think clearly. It may take some massaging. But it is necessary.
Communication Is Critical for Crisis Management Strategy
In crisis management, communication is key. The goal is not to say more. The goal is to say what matters—with precision. You may be addressing multiple audiences at once: leadership, boards of directors, regulators, prosecutors, employees or the public. Each audience has a different need. Your credibility with each of them depends on consistency, discipline and transparency where appropriate.
In fact, the most effective approach is always grounded in candor. You must clearly distinguish what is known from what is unknown; what is certain from what is uncertain; what is probably going to happen from what is impossible. It is important to distinguish what steps are being taken without promising outcomes. This approach tends to build trust without overcommitting.
Consistency is also equally important. There can be no misalignment between internal discussions and external messaging, even among internal and external stakeholders. Mixed messaging can quickly undermine both legal and strategic positioning. That’s why having a public relations expert on hand may be vital. The scrutiny may be so intense that even a small discrepancy becomes a huge distraction and creates an even larger crisis—distrust in the outcome.
And, sometimes, restraint is the most effective communication. Deep and serious thought must be given not just to when to respond, but whether to respond at all. Saying nothing at all is saying something. Not every question must be answered, now or ever. Timing can shape outcomes as much as the content of a message. Legal exposure and reputational exposure go hand in hand.
Crisis Management Does Not Always Stay in the Legal Lane
Today’s crises do not unfold in isolation. I have found that legal exposure and reputational exposure move together, often at different speeds. With the introduction of so much social media and AI, a negative or even false narrative can take hold publicly before the underlying truthful facts are fully understood. Try and get rid of a negative narrative that has taken hold publicly by way of a BOT, if you will—go ahead and try.
Once established, that narrative can influence regulatory scrutiny, litigation posture and decision-making. Therefore, legal strategy and communication strategy must work together.
There must be an appreciation for how legal decisions and public messaging interact and affect each other. Recognizing this interplay early will result in better advice and counsel to the client with respect to the full scope of risk.
When to Escalate: The Judgment Call
Another consequential decision in crisis management is whether—or when—to escalate. Often, the “need to know” mentality takes hold and those in the thick of things do not want others involved. That is understandable. But there are circumstances where containment may create a greater risk, especially if there is potential criminal exposure, involvement of senior leadership, systemic issues rather than isolated events, or the likelihood of public disclosure. In those situations, it is almost always advisable to escalate.
The big question, though, is when. Timing is crucial. Escalating too soon can cause complications or even trigger obligations before facts are clear, or could limit strategic flexibility. Escalating too late could cause even higher risk of “crash and burn” outcomes, failing to allow time for pivoting, or for obtaining critical support of higher-ups for the strategy in play.
There is no precise formula for deciding when to escalate. Some of it is gut feeling. Some of it is the seriousness of the crisis. Some of it is organizational culture. But no doubt the decision requires good judgment, informed experience and a willingness to act without complete information, knowing that a change in direction may be required at any point when new information surfaces.
Reading the Room
Another critical component of crisis management is the ability to “read the room.” A high EQ is integral: The ability to have a presence, show confidence and gain trust. But don’t be distracted by your own view of the circumstances. A great crisis manager will understand the audience and their tolerance for proposed strategies or outcomes. This is where women lawyers sometimes get underestimated. It is important to speak deliberately. Structure thoughts before delivery. Maintain composure as pressure builds. Anticipate opposition. Be ready for chaos but remain calm. Present discipline. Display a sense of urgency but control in the face of it all. Garner trust in the process, not the outcome.
Don’t get caught up and fail to listen. Listening to the client may be the very thing that saves your career if the outcome is not ideal. Being vested in your view of the scenario is one thing, but ignoring the client’s wishes, desires or nuances and pushing your agenda could be the fatal blow to a stellar career. Remember who the client is and understand what matters to them. Again, listen. Understand. Evaluate. Adjust.
And on Top of It All—You’re a Woman
Having said all that, there is another, often unspoken layer of crisis management that carries its own issues. It is not easy for many women lawyers to develop the experience needed to present in a boardroom, given historical data on the lack of women lawyers in the profession. But progress is being made. Be ready to possibly have your authority questioned, recommendations challenged, or decisions heavily scrutinized. Power through it. Maintain composure. Be prepared and confident.
It is always a challenge to have the audience focus on what is at stake rather than who is speaking. Framing recommendations in structured terms helps. Language centered around options, outcomes and tradeoffs can shift the focus and re-center the conversation on risk and consequences. With consistency comes credibility. Over time, a voice that is precise, grounded and right overcomes the other issues. The objective is to ensure that the substance of your contribution is solid and memorable and not to adapt to any of the biases that may be in the room based on who you are, rather than what you are contributing.
Be Prepared—That Makes Good Judgment Possible
Invest in your own preparation. Never show up not having listened, reviewed, asked, studied or thought about the matter. Leading and managing a crisis requires preparation, preparation, preparation. Understand the client’s business. Anticipate vulnerabilities.
Consider a myriad of potential scenarios. Build relationships that support trust before they are needed. Stay on top of the data and trends around emerging risks in the industry—whether from evolving technology, shifting regulatory priorities, or economic forces. Be ready at all times to jump right in.
In the Room When It Happens
Now that you are ready, you won’t be afraid to be in the room when it happens. You will get the call. The stakes will be high. The facts will be incomplete. The expectation will be clear. You will be on the hook for advice and counsel and you won’t feel fully prepared.
But you will be. You will be able to step forward and lead. You will bring structure to uncertainty. You will guide decisions that carry real consequences. And while being a woman in the room may carry its own added scrutiny, you will rise to the occasion. You will control the narrative. When the episode ends, you will have solved the dilemma to everyone’s satisfaction. You are your own Olivia Pope.
