Reputation management is a 360-degree game – threats may arrive at any time, from anywhere. In defence or attack, litigation is a key moment of reputational examination and stress and it is therefore imperative to present as positive an image as possible. Effective communication is make or break. For individuals and organisations embroiled in litigation or associated wranglings, communications must be approached in a manner that is not only consistent with, but complementary to, legal strategy. In high-stakes litigation, reputational defence requires a unified front - legal experts must work in tandem with communications professionals and brand advocates to ensure that messaging is consistent, credible, and strategically aligned across all channels. Crucially, all must be marshalled under the same overarching plan. Within this plan, there is a role for hard and soft power. The hard legal strategy can prepare for combat while the soft comms envoy is sent on delegation. Without regular communication between legal and communications teams, it’s impossible to fully understand the evolving nature of the threat or adjust strategy accordingly. Coordination and information-sharing are essential to ensure both sides are responding effectively and in sync. As a tool to inform, influence, mitigate, or attack, communications is unequivocally an essential component of litigation support. As with any adversarial engagement, those that deploy sword and shield at the right moment will likely emerge the victor. As the sword and shield metaphor implies, these principles apply whether you hold claimant or defendant status. Throughout history, tales of triumph from David and Goliath to the Battle of Thermopylae have one thing in common. Regardless of which party initiated contact, the victors had the nous to outsmart and outmanoeuvre their opponent, despite the odds. When legal rigour and analysis combine with strategic thinking and stakeholder management, a powerful and compelling force emerges. Whether pursuing or being pursued, the right approach can turn the odds in your favour.

Thinking outside the witness box

What goes on inside the courtroom is just one important element of litigation. A great deal occurs outside of the judiciary’s physical walls. The majority of stakeholders are unlikely to be in the courtroom itself, so narrative management in terms of the detail that filters through to the outside world – including via the media – is critical. Infinite research shows that a majority (75%) of litigators say clients are concerned about reputational damage resulting from media reporting of a case. While a similarly high proportion (72%) of litigators acknowledge that media and public scrutiny of courtroom proceedings has increased. Comms teams must therefore work to ensure accuracy and clarity, arming reporters with facts, contextualising information and making legal jargon digestible for all audiences. Optimum legal strategy can be sorely undermined by inadequate comms – as a minimum, misinformation must be nipped in the bud and rumour prevented from filling a void of silence. The long tail of a crisis must also be considered. Disputes can impact share price, or public image, long after they are perceived to be ‘over’. Sometimes the mere whiff of an allegation (even if later disproved) is enough to shift perception. The court of public opinion does not dither and deliberate. Verdicts are swiftly delivered and there is seldom an appeals process. This means that pre-existing reputation, communication during legal proceedings, and conduct post-dispute, are all factors that will influence brand perception when litigation strikes. What is happening is one thing. What is seen to be happening is another. To mitigate damage, or even build brand equity, a relationship of the utmost intimacy between legal and communications is required. For more on reputation in litigation, read our special report. To discuss how we can support you, contact our Chambers-ranked Crisis & Litigation PR teams.