By the very nature of their work, PR professionals feel a need to be loyal. It’s important to protect the brand, to stand by leadership, and be a team player.
Unfortunately, none of those values serve to protect you when the law shows up.
If you suspect illegal activity or there is a looming criminal investigation involving leadership, your role in managing perception may be over.
Granted, there are times, especially now in 2026, when a person or a company is unfairly and vindictively targeted with prosecution. In such cases, your reputation management role could be critical in getting out objective facts that reassure customers or stakeholders.
But if you genuinely believe there is potential criminal wrongdoing, I’m about to give you some advice you won’t find in any crisis communications textbook: Exit, stage left.
In a case like this, you owe the company or your superiors nothing. As a former colleague of mine said, “There is no valor in going down with the ship.”
This is not a time to be indecisive. At this point, you have to protect yourself and your professional future. And maybe even your freedom.
You are not part of the defense team. You’re not even an adjunct to it.
You may, in fact, end up becoming a witness for the prosecution!
In all of this there is a line that you definitely do not want to cross: the line between communications work and legal risk. Be aware that your communications role doesn’t insulate you from culpability.
Knowingly providing misleading information during an investigation may be considered obstruction of justice.
When investigations begin, anything could be subpoenaed: emails, drafts, messages, call notes, talking points, edits, and internal direction. It’s all potential evidence. And destroying it could be a crime.
What you say, what you don’t say, and when and how you say it, are all factors that could put you in jeopardy.
In an investigation, all these things could be used to answer the question that became so critical in Watergate: what did you know and when did you know it?
Be cautious of invitations to closed meetings framed as “aligning our messaging.” Participation alone could put you at risk, regardless of intent.
Things you absolutely should not comply with include being asked to suppress information, being used as a buffer between leadership and the scrutiny of government agencies, or helping structure messaging that obscures the facts.
Two other points to keep in mind. Confidentiality agreements do not shield illegal activity, and they don’t provide legal immunity. And company legal representation does not exist to protect individual employees. It represents the entity and its leadership.
In this case, there may be only one strategy that makes sense: your exit strategy—removing yourself in the simplest, most expedient way possible.
Of course it’s best to avoid getting yourself into a position like this in the first place.
You can do that by keeping an eye out for things that don’t feel right at the outset. People cutting corners. Not doing things by the book. Making excuses for deviations.
If you’re not comfortable with how things are being done or what you’re being asked to do, try to find another place within the company.
If getting transferred isn’t possible, you may just have to resign. But that’s better than becoming entangled in illegal activity. Or worse, a coverup.
Things to keep in mind:
- Loyalty is not legal protection
- Distance is sometimes the most responsible choice
- Your role does not insulate you from exposure
- Communications work can become evidence
- Confidentiality agreements do not protect illegal conduct
- Organizational counsel does not represent individual employees
- Knowingly providing false information could be obstruction
- Do not function as a buffer between leadership and investigators
DISCLAIMER: This content is intended for general informational purposes only and does not constitute legal advice, legal guidance, or professional counsel. The author is not providing legal representation or legal interpretation. Readers should consult qualified legal counsel regarding any investigation, legal exposure, or professional risk issues specific to their situation.
Do you have questions about PR or communications that you’d like me to address in On Background? Please feel free to email me at paul@paulgriffo.com.