If you’d told me even a week ago I’d be considering the correlation between one of our Founding Fathers and the current pandemic that is Coronavirus, I would’ve laughed you right out of the room.
Yet, here we are, on the birthday of James Madison, Father of the United States Constitution and defender of open government, in the midst of an uncertain and ever-changing global health crisis.
Let’s connect the dots.
Madison was a visionary who promoted the freedom of knowledge and public awareness. He understood the value of shared information and did not fear its dissemination. "A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps, both.”
It was on the anniversary of Madison’s birthday in 1986 that President Ronald Reagan felt it appropriate to recognize another significant and related anniversary - the federal enactment of the Freedom of Information Act. Reagan said of Madison, “He understood the value of information in a democratic society, as well as the importance of its free and open dissemination. He believed that through the interaction of the Government and its citizens, facilitated by a free press and open access to information, the Government could be most responsive to the people it serves. On President Madison's birthday, it is particularly fitting that we recognize the value of reasonable access to information in our political process.”
In the midst of a global pandemic in an era where, even under normal circumstances, information and the media’s interpretation of such is overwhelming, it is important to evaluate sources for reliability and validity.
The information regarding a health crisis such as COVID-19 is available because of the Freedom of Information Act. It is what allows access to information from government agencies such as the Center for Disease Control, who, in times like these, operate under a constant inundation of streams of data and reporting, always deciphering and filtering information that can be shared as accurately and timely as possible. It is from this collection of knowledge that local, state and federal governments make decisions regarding how to best navigate the crisis. It is the collected data provided by the CDC and the World Health Organization which guides leaders of countries around the world in the decisions around containment, mitigation, and social distancing.
Yet, the one constant as this unfolds is the unknown. Harvard epidemiologist, Marc Lipsitch, says since the tracked cases and subsequent deaths are past information and incomplete at best, “We are only seeing the tip of the iceberg, and it is a very large iceberg.” The information provided to the general public is not in “real time,” as it is impossible to know the ACTUAL current, undetected, untested and asymptomatic cases in any given community.
Regardless, business owners and firm leaders rely on the facts as they are delivered as well as guidance from their respective government leaders to make decisions regarding employee health and safety and business continuity. Vicky Accardi, Director of Human Resources at Krieg DeVault, LLP in Indianapolis, says the CDC is doing all they can to disseminate relevant information for decision-makers. “It’s a fine line between limiting information versus flooding the market with information the average person doesn’t understand.”
In this fluid crisis with countless unanswered questions, businesses are doing their best to forward-plan against guidance based on historical information which changes every 12 hours. Over the past two weeks, many of our client firms have held emergency meetings addressing Disaster Recovery and Business Continuity plans. Our team has been dialed in on these discussions with our clients, which range from mid-sized to large law firms with multiple offices across the country and the globe.
The issues that abound cannot be answered by a one-size-fits-all solution. For instance, each portion of their respective footprints has not experienced the same level of outbreak. Some offices are in cities with long-term school closures and severely limited childcare options. Not all firms are equally equipped in planning, experience and capabilities of teleworking.
For some, policies simply haven’t existed for a crisis of this nature and magnitude.
For many, employees are averse to change and struggle to pivot quickly, even in crises.
For all, no one wants to be the one who drops the ball in protecting the well-being of their staff or the delivery of service to clients.
With so much uncertainty, we’ve compiled some pointers that ring true no matter how the situation evolves:
Update your DR/BC plans against the current situation. Many firms did not have specific guidance in place for a pandemic scenario. If those plans do not exist, create them - NOW.
Ensure co-location or hard copies of critical documents - building contracts, insurance policies, vendor contacts, checks, etc.
Determine any modifications to PTO and work-from-home policies.
Define contingency plans for a 100% remote workforce against multiple scenarios.
Over-communicate possibilities, plans and subsequent updates to attorneys and staff.
Managing Partners - Address your people personally. Chart the path. Dissuade fears. Provide assurances.
Above all else, articulate and follow through on your priorities. For Krieg, Accardi says the message is clear. “Our priorities are first, the health and safety of our KD team members and their families, and second, the delivery of client service, in that order.”
As the most respected physicians in the country, including Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Disease, continue to emphasize “that things will get worse before they get better,” it remains critical that political leaders, businesses, and individuals carefully measure the information provided. Ohio’s Director of the Department of Public Health, Dr. Amy Acton advises that, “We will have multiple Wuhans in this country” and “everything each of us does matters,” a sobering reminder that we should ALL measure our actions against what we know AND what we don’t know. In President Madison’s words, “Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power which knowledge gives.”