For the first time in 41 years, the World Health Organization has declared a global flu crisis. The swine flu, formally known as H1N1, is the first flu pandemic of the 21st century. Law firms — especially smaller firms — are not immune.

A health crisis can hit at any time, and it does not have to be international in scope. The unexpected illness of a senior partner, a stomach flu that sweeps through the firm, one person with measles forcing susceptible lawyers and staff to keep away from the office — these are all scenarios that could hit a small firm at any time.

The key to surviving the fever pitch, regardless of its cause, is planning for it. “You should always have a contingency plan,” said Chris Hornberger, a partner with Halifax Global, a management consulting firm in Nova Scotia.

“There needs to be consideration of the issues, before the issues arise,” she stressed.

“One of the biggest misconceptions is believing that ‘this won’t happen to us’,” said Paul Caron, a partner with Caron & Partners LLP in Calgary. “You have to have a plan.”

His firm certainly does. At Caron & Partners, which has been providing legal services in Alberta for more than 40 years, procedures are in place to provide a healthy dose of prevention — and responsiveness — when needed. For example, the firm shares work within practice groups and cross trains between practices.  It also supports professional development training, and management staff is well trained in other areas of the office.

That flexibility is critical, said Hornberger. “You want some redundancy. You want people to be able to fill in. You need cross-training at all levels. There should be a second in command.”

There also needs to be a culture that stresses that health is important, and this message needs to be delivered consistently from the top levels down. At his firm, “management actively promotes a safe and healthy environment to work in, and this includes providing products to safeguard against germs,” said Caron.

For example, he noted, the firm provides paid sick day benefits to avoid in-house contamination, and provides and pays for yearly flu shots in the office. Caron & Partners even has a SARS (Safety and Response Squad) committee trained as fire marshals and in emergency first aid with adult CPR.

Being prepared is the first step in addressing a health crisis, regardless of size, scope or longevity. At a minimum, said Hornberger, “everybody should be able to work from home. All employees should have access to the network or have a laptop.”

There should also be identified support in place for when lawyers and staff aren’t able to work. “You need to know who the back-ups are, and this needs to be well understood,” said Hornberger.

“If ever you find an area you can’t backfill — at least you’ll know where you are vulnerable and how you’ll cope,” she added.

Caron recommends that firms have an updated resume folder in place that they can turn to for replacement help in an emergency.

It’s also wise, he noted, to maintain good relationships with past employees and with industry specialists. Both can serve as backup and support when a firm needs help quickly.

The global focus on the swine flu is also helping smaller law firms. First, it is raising awareness of the need for an emergency preparedness plan. Second, it is providing help and insight into what should go in such a plan.

Aon Corporation, a global provider of risk management services, for instance, has released a list of six critical steps to protect employees, customers, supply chain partners, additional stakeholders and business assets. These include preparing a crisis communication plan, including a process for cascading critical messages to employees; looking at succession planning for all levels of the organization; and building a plan of action for addressing an incubation period in the event an employee is suspected of having a contagious disease.

The Alberta Emergency Management Agency, the provincial government body responsible for ensuring the delivery of vital services during a crisis, recommends that firms identify a pandemic coordinator or team that has defined roles and responsibilities for preparedness and response planning. As well, essential employees and other critical elements required to maintain business operations should be identified.

AEMA also emphasizes the importance of determining — in advance — the potential impact of a pandemic on a firm’s financials using as many different scenarios as possible. Indeed, said Hornberger, a law firm’s contingency plan needs to have a client focus.

“When multiple people are working with a client or on a case, it’s not such a big issue. But when there is only one person, it is more of an issue,” she noted.

Part of that issue may come down to money. “If you can,” said Caron, “budget.”

The time to spend some of that money, of course, is right now. If new technology is required to enable lawyers and staff to work remotely or to provide for additional training, when the health crisis hits, it’s too late no matter how healthy the budget.

All these factors, and the budget implications, are spelled out in a firm’s contingency plan, which should be written down formally or built into the human resources system, said Hornberger.

That plan, she added, also needs to be refreshed. “You need to look to ensure it is still valid and that everyone is aware of what is in the plan.”