Litigation communications

Litigation is a fact of corporate life. Whether your clients are defending accusations in an employment tribunal, protecting their brand or suing over a breach of contract, they will, at some point, need your help to deal with the many and varied PR issues that surround the legal process.

Good communicators

Clients are often reluctant to protect their legal rights, even when they have a strong case, because they are concerned about the potential for PR fallout. They shouldn’t have to be. Good communicators with some understanding of the litigation process are invaluable in supporting their clients and allowing them to make decisions based on fact and not fear.

Although it is tempting to say as little as possible through the legal process, communicators recognise the harm that silence can cause. Often it is the lack of information that convicts a client in the public eye rather than the legal process.

Too often PROs feel uncomfortable about managing their client’s communications surrounding litigation. They shouldn’t be. Litigation support requires all the skills that good communicators already have and they can play a vital role in the successful outcome of the litigation. How many of your clients know that you can work with their legal teams and add value to the necessary evil of litigation? Managing litigation communications is a discrete revenue stream untapped by many who already have all the skills required

Managing litigation

Managing litigation communications can involve many different scenarios, from coordinating the publicity surrounding an investigation to presenting the decision to litigate to the various stakeholders involved. It might also involve combating the media’s narrative of the litigation and supporting the legal case outside of the courtroom. It will also require managing media interest during a trial and picking up the pieces - restoring a reputation and building bridges - whatever the result of the litigation.

Communicators interested in learning how to manage and market litigation communications need an overview of the litigation process and an understanding of the PR issues surrounding each stage of litigation and which stages can attract media attention and why.

Good communications can be used to support litigation, protect reputation and manage the public’s perception of the outcome - whatever it might be. Fear of losing the PR battle often deters clients from asserting their legal rights and protecting themselves. Clients feel at the mercy of disgruntled clients refusing to pay or ex-employees with an axe to grind even when they behaved properly and should have nothing to fear from litigation. We owe it to clients to help them make decisions based on what is right for them and not what they might be afraid of. Don’t let the tale wag the dog.

'Managing Litigation Communications' seminar takes place on 05 December 2011, 8.45 - 10am.