Companies Can Apologize: Corporate Apologies and Legal Liability

Abstract

Discussions of corporate apologies frequently state or imply that apologies create legal liabilities for the apologist and, therefore, that corporate attomeys routinely recommend against apologies. A review of formal ("black letter") and common law indicates that apologies generally do not constitute evidence of guilt and that, in fact, they sometimes have positive consequences for the apologist. Persons who practice (or teach) crisis communication should avoid the mistake of relying on an over-simplified and inaccurate understanding of the legal issues surrounding corpo rate apologies.