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Lawyers Give Advice, They Don’t Make Decisions for You

Great legal advice may not be practical.

It has been all over the news for several weeks. Three prominent university presidents appeared before Congress. The topic was hate speech directed at Jews, to the point of calling for them to be killed.

Institutions of higher learning have been a place where free speech is highly valued, along with differing points of view from members of the university or outside guests brought in to give a talk.

What happened was when questioned, all three university presidents gave answers that were highly nuanced. They were not outright denunciations of speech that called for Jews to be eliminated.

Their answers were the type that reminded me that each had consulted with their university attorneys on how they should respond. Each gave an answer that was very similar to the other two.

Legally, perhaps, their answers were “perfect” as they tried to thread the needle on what is hate speech and what might not be allowed on their campus.

Practically, it was a verbal disaster zone! In retrospect, at least two of the three made statements apologizing for their remarks. One was fired for the remarks she made.

Which brings me to the point I’ll make. You can ask an attorney for advice on what to do in a disaster situation. However, there is no requirement to follow their advice. Leaders have the ability to make choices and it includes not following an attorney’s advice. Attorneys and risk managers are not in the habit of taking risks. They play it very safe. Which may be appropriate, but as illustrated in the case above, it was the absolutely the wrong thing to do and say.

Of course, there comes risks with ignoring an attorney’s opinion. But then, that is why you are the leader and they are not.
Eric Holdeman is a contributing writer for Emergency Management magazine and is the former director of the King County, Wash., Office of Emergency Management.