Law Times

LAW TIMES / JUNE 16, 2008 PAGE 15 BAR ASSOCIATION "CRISIS LITIGATION: THE ROLE OF THE LAWYER" CONFERENCE Toronto hosts International Bar Association conference ntario lawyers will have a rare opportunity to brush up on their cri- sis litigation skills when some of the top minds on the subject visit Toronto for the International Bar Association's "Crisis Litigation: the Role of the Lawyer" conference. "We expect the majority of attendees will be from outside of Canada, so it's a great oppor- tunity for the local bar not just to increase some strategic skills, but it's an excellent networking opportunity to meet lawyers from different jurisdictions, for both inbound and outbound referrals," says conference co- chairman Markus Koehnen. The June 19-20 conference is presented by the IBA's litigation committee of its dispute resolu- tion section, with support from the association's corporate coun- sel forum and North American regional forum. The event, which will be held at the Park Hyatt ho- tel, will include advice from some of the top professionals in crisis- management communication and conflict management. Media advisers, senior internal counsel, external counsel, and judges also will be on hand to talk about the different facets of crisis litigation. Specific topics that will be featured include the handling of crises, anticipation of imminent crises, global privilege issues, how to deal with the public dur- ing a crisis, how to respond to false information, as well as legal and ethical perspectives regard- ing media communication in the midst of a crisis. The conference deals with an issue increasingly on the radar of corporate Lawyers can brush up on crisis litigation skills O BY ROBERT TODD Law Times products, environmental damage, scandals, and fraud continuing to make headlines. The conference organizers note that lawyers need some key skills to effectively deal with cri- ses and advise clients facing them. The need for training is especially vital because, when a crisis erupts, time is of the essence and a re- sponse is often needed in short order. If handled improperly, a crisis can lead to litigation and could damage a corporation in both the short and long term. Koehnen, a lawyer with Mc- Millan Binch Mendelsohn LLP and senior vice chairman of the IBA's litigation committee, says this conference is unlike many others that deal with similar subject matter. "There have been historically very few conferences that focus on this type of topic at all for lawyers," he says, adding that most confer- ences in this area aimed at lawyers deal with "substantive, skill-build- ing sets in the law" that focus on things such as drafting agreements or developing advocacy skills. "This is different entirely, as it focuses not on substantive le- gal skills but on skills that law- yers historically have had no training in at all." He says few lawyers know how to deal with media in times of crisis, nor do they know how to plan for crises. "We're trying to impart to lawyers non-legal skills that are going to help their clients," says Koehnen, such as what steps to take to protect your corporate reputation. "While lawyers may not be in DD LT HRQTHZD-N3 Print ad 6/6/08 8:54 AM Page 1 lawyers, with tainted the forefront of that type of work . . . it's essential for lawyers to be familiar with those type of issues to advise their clients properly. Be- crisis planning and advice. "That is going to be a square- ly non-legal presentation," says Koehnen. "That will then be used as a springboard to talk about spe- cific experiences that other panel- ists . . . have had." Susan Reisler, a media coach Barry Leon predicts material presented at the conference is going to be very intriguing. cause while lawyers might not be doing the actual safeguarding of the corporate reputation, if they're familiar with the issues, they can advise the client on where to get this sort of help, what sort of help to get, and they can act as a very useful sounding board for the cli- ent's strategy within a crisis. "And that, I think, will make them a more valuable advisor to their client." Koehnen says that while all the sessions offered at the conference are packed with valuable infor- mation, a few stand out from the pack, including a pair of presenta- tions from non-lawyers. Harvey Pitt, chairman of the Securities and Exchange Com- mission in the United States from 2001 to 2003, will lead off the conference by making a presenta- tion on anticipating a company's next crisis. Pitt now is part of the Washington, D.C. firm Kalorama Partners LLC, which specializes in REACHING NEW HEIGHTS The business of printing solutions We're advancing to new levels in printing technology to offer our customers the highest quality and most diversified services. Watch for future details coming your way. *Dye & Durham is A Division of The Cartwright Group Ltd Dye & Durham is an FSC certified company making a commitment to responsible Forest Management dyedurham.ca • Phone: 1-888-393-3874 • Fax: 1-800-263-2772 www.lawtimesnews.com U C PREFERRED SUPPLIER with Toronto's Media Profile Inc., will be part of a presentation that will tell lawyers how to deal with media during a crisis. "The sort of skills we're hop- ing to impart there, in addition to messaging techniques, also how to deal with media when you don't really want to deal with them, and how to deal with them when you might want to deal with them, but they don't want to deal with you," says Koehnen. Koehnen's fellow co-chairman, Barry Leon of Torys LLP in To- ronto, says many lawyers will be surprised to learn some important strategies in dealing with media. "Often any lawyer is going to be concerned about a client ad- mitting liability . . . yet, in some situations, it becomes critically important for the company to make a public statement that could be taken as an admission of liability or to admit responsi- bility," says Leon. One of the most prominent names that many lawyers will recognize among the confer- ence headliners is Rusty Hardin, whose Houston, Tex. firm has represented a wide array of or- ganizations and individuals in high-profile cases. Recently, Hardin has made headlines advocating for former Major League Baseball pitcher Roger Clemens and the family of deceased actor Anna Nicole Smith. His firm, Rusty Hardin & Associ- ates, also represented accounting firm Arthur Andersen LLP from 2001 to 2006 on a series of Texas matters that followed the financial downfall of Enron Corp. Hardin will speak on the is- sue of dealing with the public during a crisis. "He's got a portfolio of interest- ing stories to tell," says Leon. Having a conference of this calibre so close to home, and at a price that is very reasonable when compared to local conferences, is an opportunity not to be missed for lawyers not only in the Great- er Toronto Area, but across the country, says Leon. "It's a real opportunity for peo- ple to experience and learn close to home at a reasonable price with- out the usual expense of travel and accommodation that goes with at- tending International Bar Associa- tion conferences," he says. Leon says he's spoken with several of the participants re- garding the content of their presentations, and he says much of the material will be very in- triguing for lawyers. "It's going to be a very inter- esting program — worthwhile for corporate counsel, worth- while for litigators and others in law firms," he says. Koehnen, meanwhile, suggests the conference will help many lawyers begin dealing with their clients on a higher level than be- fore — a level more and more cli- ents are expecting from a profes- sion that previously offered mainly technical expertise on the content of legislation and case law. "Lawyers are becoming more and more involved in their cli- ents' businesses, and it's a recog- nition that lawyers really aren't there to act simply as techni- cians, which might have been a role they had at some point in the past," says Koehnen. LT E W e ' r e a D y C S a 8 I n E 9 H a p N d & 9 i R m a 1 C n D o a A n Y M

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