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Lessons Learned from Mishandled Crises David T. Dekker, Construction Counseling/Litigation
Partner
have a crisis management in place with appropriate individuals assigned to the plan and trained;
practice and update the plan, and that’s obvious and true. I think the less obvious
lessons are first, after a catastrophic event there is always a tendency of the parties
to circle the wagons to protect their own interests, to point fingers and to prepare
for litigation. I would suggest that is not the best approach. While of course you must
protect your legal position, that a more cooperative model can do more to protect both the reputation
and the finances of the parties involved. And I think legal counsel can help establish
a structure to enable that to happen while protecting the legal position.
I think another lesson learned is that the key to recovering from a catastrophic event
in many cases is going to be insurance. Years of litigation is only going to lead, in many
cases, to more financial loss, more reputational problems and more difficulties. And in the
most significant cases in which I’ve been involved, insurance has been the key to getting
the parties out quickly with as little financial loss as possible.