Just because you win in court doesn’t mean you win the case. The court of public opinion is often more costly and damaging.

Litigation management recognizes that winning in the courtroom is not the only objective. In today’s digital age, where public opinion carries significant weight, businesses and individuals must also pay close attention to the court of public opinion.

Develop a communications plan, execute it, and constantly revise it with case updates. Here are six key areas to consider while safeguarding the reputation of clients or businesses.

  1. Don’t Get Ahead of Your Legal Team: The communications plan should be fully integrated with your legal team and not operate as a separate, rogue entity; this is a recipe for additional vulnerabilities and legal problems.
  2. Strategic Messaging: Develop a strategic messaging plan that aligns with the legal strategy. This ensures that the right messages are conveyed to the public and stakeholders, minimizing any negative impact on the client’s reputation.
  3. Media Relations: Managing media relations is essential to shaping public perception. Have your public affairs team liaise with the media, proactively addressing inquiries and providing accurate information that portrays the client’s position in the best possible light.
  4. Crisis Communications: Litigation often involves high-stakes situations that can trigger a crisis. Your public affairs team should be well-equipped to handle such emergencies by developing crisis communication plans, coordinating responses, and mitigating any reputational damage.
  5. Online Reputation Management: A solid online reputation is paramount in the age of social media and online reviews. Your public affairs team should monitor and manage online conversations, addressing any misinformation, negative sentiment, or reputational threats promptly and effectively.
  6. Stakeholder Engagement: One of the most critical activities is engaging with board members and stakeholders, such as investors, employees, and community members, which is crucial during litigation. Develop strategies to communicate with and manage the expectations of these stakeholders, ensuring they remain supportive throughout the legal process.

Any communications effort should supplement litigation work and always defer to the legal team, which will need to approve all communications. Additionally, it is a smart choice for the public affairs team to contract directly with the legal team – this ensures communications are protected by the attorney-client privilege.

Communicators and lawyers must work hand in hand. By combining the legal strategy with the expertise of a public affairs team, businesses, and individuals can protect their reputations, minimize potential damage, and emerge from litigation with their image intact.