In most crisis situations it is absolutely essential for attorneys and PR experts to work well together. Indeed, in working on plans for organizations I always ask about who their attorney is, whether or not he/she will review releases, and if they are participating in any drills or exercises. In the majority of events I have been involved in I have worked with some outstanding attorneys who understood and appreciated the nature of the partnership and the reality of the court of law versus the court of public opinion.
But there are two situations where I was involved that stand out in my mind where the CEO deferred all PR judgment to attorneys. That was a big mistake. One was because the company involved was a small subsidiary of a much larger company and the CEO of the subsidiary running the crisis believed that his future was more secure if he deferred to the attorneys (corporate attorneys from the head office). That was understandable, if mistaken. (The subsidiary company went bankrupt.)
The other was because the attorney demanded it. Again, there are reasons from the legal perspective. What is said publicly often impacts court action. The legal challenges may very well affect the viability of the business. However, an attorney who demands full control over PR should be a major warning sign and give any organization leader pause.
The issue always is what is in the best interest of the business or organization. Sometimes, no doubt, the legal challenges take precedence. Sometimes, as was the case with Arthur Andersen, you could win the legal battle but lose the company before you even have a chance to go to court. Only the CEO can determine what is in the best long and short term interest of the business.
Our court system is based on the idea that truth will emerge with aggressive representation of both the plaintiff and defendant. Two different views of events are needed and ideally are presented with equal skill. That is the ideal situation in a crisis that involves legal issues–there should be a strong voice advocating for what is best to win in the court of law, and one that advocates with equal ability for winning in the court of public opinion.
To place an attorney whose job it is to represent you in court in the role of deciding what is in the best interest of the company puts that attorney in a conflict situation. Any attorney who demands it should be released. Any CEO who so defers has signaled that he/she does not have the capability of determining the best interest of the company.