It was supposed to be a quiet Friday, with everyone looking forward to Brazil's match against Norway on Sunday — a result I'll refrain from commenting on — when, at around 11 a.m., two clients called at almost the exact same time.
The first, in the middle of an emergency meeting, had just found out that an employee in the sales department was allegedly diverting company funds. He called asking how to proceed.
The second had just received a serious external complaint about alleged sexual harassment committed by a recently hired employee against a client. He, too, called asking how to proceed.
Needless to say, I arrived late for a lunch with a client!
So what do these two cases reveal about the day-to-day life of small and medium-sized business owners?
Above all, they reveal that risk is not the exception — quite the opposite, it is an integral part of running a business! And more than that: the most sensitive problems, the ones capable of causing significant financial, reputational and legal damage, almost always arise unexpectedly and demand a response that is both quick and technically sound.
Both cases share a common thread: the need to act with caution, method and responsibility. Neither rushing in nor doing nothing is a safe path.
Situations like these call for a structured response: a careful internal investigation, preservation of evidence, respect for due process and the dignity of everyone involved, and a precise legal assessment of the appropriate course of action — whether disciplinary or, potentially, in court, including criminal proceedings.
In a suspected embezzlement case, for example, an improperly conducted investigation can jeopardise not only holding the employee accountable, but also the company's own position in any future legal dispute.
Likewise, harassment complaints — especially those involving third parties, such as clients — require even more sensitive handling, or the company risks significant reputational and financial exposure.
The key point is that companies should not merely react to crises; they need to be at least minimally prepared to face them.
That inevitably requires efficient legal support, clear internal policies, effective reporting channels, regular training and, above all, an organisational culture that values integrity and compliance.
In practice, what sets apart companies that weather situations like these with less damage is not the absence of problems, but the existence of well-defined processes for handling them.
And this is exactly where legal counsel stops being merely reactive and takes on a strategic role: anticipating risks, guiding decisions and building mechanisms that provide confidence in decision-making, especially in the most critical moments.
With that in mind, our ecosystem of legal solutions was designed precisely to support our clients through the everyday, multifaceted issues like the ones described here.
Because, as that Friday showed, the unexpected doesn't call ahead — but how you respond to it can (and should) be planned!
Ricardo Petereit
Founding Partner of Petereit Advogados Associados
OAB/RJ 133,676 | OAB/SP 545,686
