Legal at the helm: why legal counsel must be central to cyber incident response
In today’s threat-heavy digital environment, a cyberattack is not just a technical issue — it’s a business crisis. And in a crisis, leadership matters. Yet too often, legal counsel is brought in late or treated as a supporting act rather than a central figure. That mindset must change.
Emma Jones, Global Manager, Cyber Incident Response Readiness at CrowdStrike, has seen the consequences of delayed legal engagement firsthand. “I see a big difference between escalation versus notification,” she says. “And I think the big assumption with the technical teams is that, ‚We know we need to talk to legal, but we’ll only talk to legal when we’ve got evidence of what’s happened‘.”
Legal professionals must move from the periphery to the centre of cyber incident response — not to run packet captures or reboot servers, but because they are uniquely positioned to preserve legal privilege, navigate regulatory minefields, manage reputational risk, and coordinate the myriad moving parts of a response. Here’s why legal should lead — and how.
The misconception: Cyber response is a tech problem
When the breach alert hits, the instinct is often to call in IT, then perhaps a forensics firm. Legal? „We’ll loop them in when needed.“ This delay can be a critical misstep. Legal isn’t just a reviewer of statements or contracts — they are essential crisis managers.
Legal counsel maintains privilege, guides communication, ensures compliance, and brings a critical business lens to decisions. And when external counsel is engaged early, all their communications, even across third-party responders, can fall under legal privilege — something nearly impossible to apply retroactively. As Jones explains, “A common misconception by technical teams is that ‘legal privilege’ means being secretive. Working closely together from the outset ensures that decisions can be made in a timely manner, and that we can give them the direction and advice they need.”
The case for legal leadership
So, what role should legal play?
Legal counsel is uniquely equipped to serve as a non-technical incident coordinator. While a technical lead may run the playbook on system recovery, legal ensures the broader strategic response is coherent, compliant, and defensible. They understand the business. They speak to executive risk appetite. They liaise with regulators, insurers, law enforcement, and internal stakeholders from comms to HR.
In many real-world incidents, legal is the only team with visibility across every stage of an incident — from detection and containment to recovery and post-incident litigation. That makes them best positioned to steer not just the “what” but the “how” and “why” of every decision.
Making it work in practice
A strong, legal-led cyber response should look something like this:
1. Preparation and anticipation
- Legal must be involved well before an incident. Build relationships with security, risk, and business continuity teams. Help shape incident response plans that align with regulatory duties and the company’s risk posture
- Practice together. Tabletop exercises involving legal are far more effective than those done in silos. As Jones advises, “Make sure that your documentation is linked within the incident response plan so that there is that, again, openness and understanding of how different policies and procedures will work alongside one another in the time of a crisis, and which one takes precedence.”
2. Early intervention
- When a breach occurs, legal is activated alongside technical leads. They secure privilege, coordinate external forensics under their direction, and help shape communications from day one — not day ten
3. Global coordination
- For multinational organisations, time zones, local laws, and cross-border data flows introduce massive complexity. Legal orchestrates across jurisdictions, ensuring a unified strategy and consistent messaging
4. Sustained engagement
- Cyber incidents aren’t 48-hour fire drills. They’re marathons. Legal teams often remain involved for weeks or months — engaging regulators, managing customer comms, coordinating insurance claims, and preparing for potential litigation
5. Welfare and resilience
- And don’t forget: legal counsel, like their technical peers, face stress and burnout. Sustained, high-stakes involvement means organisations should plan for rotation, rest, and support — for everyone on the response team
Lessons learned — and owned
Often treated as a purely technical retrospective, involving legal in the post-mortem period following an incident ensures that both teams can provide value. From identifying systemic risks and policy gaps to improving contracts and playbooks, legal can drive meaningful organisational change.
Jones recommends involving legal even in the debrief: “If legal counsel can be involved in a debrief, this provides a safe space for both teams to sit down and discuss lessons learned.”
Encourage openness. Help teams reflect honestly — not just on what failed, but what worked. Legal teams can bridge departmental divides and ensure that learnings are embedded into future processes.
Educate, enable, empower
In closing, legal teams must embrace three essential responsibilities:
- Educate: Help other teams understand what legal does and why it matters. Translate legal risk into practical terms
- Enable: Provide tools, templates, and frameworks to help others respond swiftly — without unnecessary legal bottlenecks
- Empower: Foster confidence. Don’t let teams freeze out of fear. Equip them with the clarity and support they need to act decisively
Cyber is not if, but when
Your organisation will face a serious cyber incident. The question isn’t whether you have a response plan — it’s whether legal counsel is central to it. The difference between a contained crisis and a reputational catastrophe could depend on that choice.
