David Dunne, a marketing professor at the University of Toronto's Rotman School of Management, was quoted in Digital Journal in January, 2009 as saying: “A lot of what they did was technically perfect. I think they've done as much as could be done, and it's a real example to other companies that face crises. Most companies are way too slow to deal with these things and tend to hide and they're afraid of admitting responsibility and so on, so this is a real example of how to do it right.”
In the same article, Peter Lapinskie of the Daily Observer in Pembroke, Ont., said: “(McCain’s) candour at a time when his contemporaries would have scurried behind spin doctors and legal eagles was a refreshing way to address a potentially devastating mistake. I actually trust the man!”
And Ruth Davenport of CJNI radio in Halifax stated: “It's so rare to see a white-collar executive descend from the ivory tower, apologize and reach out to the public in such plain language. The listeria crisis was a headline story in and of itself, but McCain's sincerity in trying to reach out to the victims and consumers elevated it even further.”
“We have found that in malpractice claims against lawyers,” says Susan Forbes, director of insurance for the Lawyers Insurance Fund of the Law Society of British Columbia, “a sincere apology by the lawyer signals accountability and adds an element of vulnerability that can pave the way to resolution. This is the case, even when, as sometimes, it is given late in the day. It demonstrates that the lawyer understands and empathizes with the claimant, and is a simple but effective reminder of their shared humanity.”
Many jurisdictions in North America have “apology acts” that attempt to encourage apologies by making them inadmissible in a civil action. British Columbia’s Apology Act was the first to be enacted in Canada. It goes beyond medical lawsuits, and applies to “any matter.” Like other statutes in Canada that were enacted after B.C., it allows persons and companies to apologize, and that apology may contain an admission of responsibility, without the apology being admissible as evidence in civil court to prove liability.
So maybe the best “legal solution” your lawyers and your crisis management team can advise when your company and your brand are adversely affected by your own actions or negligence, is an apology. place to start looking at the structure and elements of an apology letter is here.
A sincere apology is an important tool that should be considered in all legal disputes that could become public relations crises and, indeed, all disputes where a reputation stands to be damaged further without one. But speak to your lawyers and crisis management advisers about whether the apology is the right option, or if it will get you into further legal trouble.
It’s said there are some injuries that can never be repaired just by an apology, but there are others that can only be repaired by one.
Vancouver franchise lawyer Tony Wilson's book Manage Your Online Reputation was published by Self Counsel Press in December, 2010.
