February/March 2009 / Features
Litigants Need to Tell Their Story
High-profile litigation often poses a serious threat to a company’s reputation. Ignoring this fact can lead to a loss of customers and market share, damage to crucial business relationships and declines in market capitalization.
Companies facing litigation are caught between the demands of two competing forums: the court of law and the court of public opinion. Too often decisions about litigation communications consider only legal risks, while ignoring risk to corporate reputation. In the media, the most sensational claims are likely to play at the top of the story while a “no comment” gets buried at the bottom or is taken as a tacit admission of guilt.
Litigation communications professionals work with lawyers to manage the public environment surrounding a high-profile case and ensure that the company’s positions are asserted in a way that builds public support without compromising legal arguments. Litigation communications provide context to help the media and key stakeholders gain a common-sense understanding of the important legal issues. External litigation communications counsel can provide media expertise, while also protecting confidential legal information through attorney-client privilege. Generally, the attorney-client privilege will apply if a company provides convincing proof that its public relations counsel, whether in-house or at an agency, enables counsel to provide legal advice.
