Effective Litigation Communications Strategies in Times of Tumult
The court of public opinion can affect an enterprise’s reputation and ongoing business prospects as much as actual court proceedings. Now, in today’s tumultuous business and political environment constantly impacted by global wars and brewing conflicts, the role of communications in supporting a legal strategy has taken on an outsized importance. Amid such times of hot takes and disinformation, and rising distrust in the media, government, and societal institutions, every enterprise’s key stakeholders seek assurance, accurate information, and empathy on all fronts.
A business and its legal counsel must navigate rapidly emerging legal issues and take even greater care in crafting public statements, internal announcements, and litigation-related filings that could attract media interest. It is always best practice to draft legal filings that convey your position in a manner that is compelling, clear, and user-friendly to reporters.
Fewer Outlets and Fewer Court Reporters: It has never been more crucial to take the time necessary to truly tailor a pitch about a legal matter to individual reporters and their specific approaches and areas of interest. Given consolidation among, or staff reductions at, national business media outlets and the closing of many local news platforms, fewer reporters may be covering legal issues and still fewer may be assigned to the courts where a client’s legal proceedings will occur. On the other hand, the shrinking number of news outlets and journalists may increase the likelihood that a clients’ legal development falls under the media’s radar and does not receive meaningful coverage.
Plan, Yet Be Nimble: Effective litigations communications requires anticipating next steps in the legal process as well as other unrelated corporate issues that may attract increased scrutiny from regulators, the media, and the public. For these expected developments, businesses should prepare appropriate messaging and communications materials in advance. But at a time when the future is so uncertain and business goals, tactics, and strategies could change quickly, enterprises must also be able to nimbly respond to new concerns and developments as they arise. Moreover, real-time coordination and cooperation between operations, legal, and communications teams will be paramount.
