When companies and law firms turn to media relations and strategic communications agencies for advice, it usually happens at what they define as potential “turning points” for their client’s reputation.
For litigation, these turning points are:
- Their client is suing, and they have a date for a complaint filing.
- Their client just got sued.
- Their client has been sued or is suing, and there is a litigation milestone event in sight.
For non-litigation crisis, the turning points could be:
- They anticipate a potential crisis.
- They are fairly confident that a crisis will follow imminently.
- The crisis is ongoing, and they cannot manage the fallout or are not achieving what they set out to achieve.
The crisis and litigation turning points are not mutually exclusive – not every crisis is litigation, but every litigation should be treated as a crisis.
There are other turning points, but for the purpose of communications planning, these could be considered the most relevant and most actionable.
The communications strategy will always depend on what the law firm sees as a turning point, why, and what crisis management and litigation strategies they anticipate putting in motion. It also depends on the client’s reputation at present, their public profile, claims in the litigation or business individuals, and activities that are tied to the crisis. Last but not least, an effective communications strategy must be informed by what the opposing party is saying or not saying, in their complaint or to the media, partners, consumers, clients, and other stakeholders.
While there are many unknowns, crisis and litigation communications strategies are always bespoke. Here are some considerations for law firms tied to each turning point that will help them think through whether and when to hire a PR agency.
Pre-filing and Crisis Anticipation
Law firms that hire PR agencies before the filing arguably have the most control over the narratives that will follow in the media, and impressions formed by employees, partners, investors and competitors. This is because they don’t let others speak for them, they communicate the facts and context supporting those facts first. They are ahead of the game, and that alone will therefore inform and/or be included in all narratives and opinions that will follow.
Now, just because you have a communications plan before the crisis happens, it does not mean it’s time to be issuing press releases, statements, and doing interviews.
The purpose of strategic communications planning before filing a complaint or a crisis occurs is to anticipate questions, impressions, business impact, stakeholder actions, and be prepared to address them.
Note that “addressing them” does not always mean answering questions publicly or doing interviews. It means defining how to strategically engage with various parties, through pre-meditated scenarios, channels, and to anticipate outcomes. Only then can an agency advise on what would be said, how, when and by and to whom.
In summary, here are some benefits of creating a strategic communications plan before filing a complaint:
- Anticipate reactions and questions across stakeholder groups
- Conduct media and communications training
- Create protocols and procedures for receiving, assessing, and responding to questions
- Draft holding statements
- Identify the media who will likely cover the filing or another crisis event
- Decide on whether to engage with the media, how, when, and what to share
- Anticipate headlines that will have reputational implications for the company
- Define the best ways to communicate with employees, investors, partners, and deciding what to say, when, to who, and who should be the one to communicate
- Understand the potential progression of the litigation and communications strategies associated with each
Communications Strategies When the Crisis Hits
Now, we’ll look closely at what happens when a litigation action is filed and crisis could be underway. So, imagine that the news, either about litigation or another crisis, just became public, stakeholders may be reacting, and the media is calling.
This is the moment when law firms and their clients often realize that litigation and crisis communications are inseparable. The following considerations and questions are about what to do once the stakes are real, visible, and immediate.
1. First, Pause, Then Prioritize
Effective communications demand precision, foresight, consideration, and speed. In the immediate aftermath of being sued, whether or not that event is seen yet as a crisis, the first task is to assess:
- Outside of the claims and factual allegations, what else related to the matter is public or about to become public, and when?
- Who in the media is asking questions today? Who will be asking questions tomorrow?
- What is the worst-case scenario if we don’t say anything? What message does that send?
- If we were to make a statement, what should that be, in how much detail, and through what media, amongst other communications, channels?
- How would the litigation be seen by internal and external stakeholders and which ones, or in what order, need to be looped in before any public statement is made?
This moment is about prioritization and anticipation: identifying the key audiences (employees, investors, business partners, regulators, clients, customers), evaluating current perceptions, and working within the considerations and at times, constraints, of the legal team’s strategy.
2. Coordinate with Counsel on Legal Strategy and Risk
PR professionals know how important it is to work closely with legal counsel when any litigation occurs. Legal considerations define the boundaries of what can be said publicly and when, depending on short- and long-term litigation objectives. The communications strategy functions to help achieve the litigation objectives. It does that by shaping understanding and support for those objectives, both in a technical sense (understanding the claims, or defenses, and the applicable law) and as a “craft”, that is, by shaping perceptions.
Even “no comment” must be discussed in strategic terms. Why? Because silence will still be interpreted. There are, however, ways to signal credibility and mitigate potential negative perceptions while working to control the narrative. Strategies for doing that will vary based on the situation at hand.
4. Prepare Spokespeople and Statements, Even If You Don’t Use Them Yet
A company may decide not to engage with the media proactively, but preparation must still be made, as it buys time and prevents panic-driven communication. Crisis communications professionals can strategically map out all the considerations, pros and cons, and potential outcomes of making public statements in various forms.
In terms of preparation, here are the key action items:
- Mapping out potential scenarios and understanding the legal team’s response to each, which then helps shape the communications strategy
- Holding statements for internal and external stakeholders (to be continuously updated)
- Media-specific variations on those holding statements (again, to be continuously updated)
- Media training for spokespeople to include mock interviews (with broadcast interview training to be done separately)
- Daily updates with legal counsel, general counsel, and corporate executives
4. Map Out Stakeholder Impact, Not Just Media Messaging
Employees, investors, business partners, vendors, customers, and regulators must all be seen as having their own specific interests and concerns.
To that end, messaging needs to consider the following:
- What do employees need to hear to avoid internal confusion or fear?
- How should customer-facing teams respond to inquiries? When and through which channels?
- How do you address investor demand for transparency, especially concerning material issues, while still adhering to the degree of disclosure to other stakeholders?
- In which order should this communication across stakeholders occur?
5. Monitor Reactions and Adapt
Once litigation/crisis is underway, monitoring must be continuous and purposeful:
- How is the media understanding and framing the issues that have arisen?
- Do you need to address what the opposing party is saying publicly via the media?
- Are narratives gaining traction, and what is the sentiment across social media platforms?
- Are stakeholders showing signs of concern or disapproval?
Your communications strategy should adapt in real-time. This means updating statements, adjusting tone, and preparing messaging as the litigation develops or as new events in or outside court come into play that generate media interest.
6. Think of Litigation and Crisis Progression Strategically
Every court filing, hearing, or ruling is both a legal event and a communications opportunity or a challenge.
Experienced litigation PR agencies advise law firms as to the potential narratives connected to each legal and crisis event and outcome. Anticipating these moments and planning a communications strategy for each is what turns reactive chaos into controlled messaging.
Once a crisis or lawsuit is public, the communications strategy becomes part defense, part offense. It’s about preserving trust, minimizing reputational harm, and helping the legal and crisis mitigation strategy succeed. Not just in court, but in the court of public opinion.