The five dysfunctions of a litigation communications strategy
Bottom line: Today, litigation communications strategies should not be considered optional. Avoid these five common dysfunctions of litigation communications strategies to maximize your strategy’s effectiveness.
There is no doubt that high-stakes litigation is a team sport. Among myriad experts that come to the table for the client, litigation communications professionals are becoming more essential than ever.
To help manage the potential for cross-functional conflict while ensuring a favorable client outcome, here are five dysfunctions of a litigation communications strategy to avoid.
Dysfunction #1: You have no litigation communications strategy
We see this dysfunction far more than we’d like to admit. Too often, litigation communications strategies are viewed as an after-thought; something someone will deal with in real-time if needed.
At a bare minimum, litigators and their clients need first consider how the potentially public aspects of their litigation could impact both the strength of their case and the client’s reputation amongst key stakeholders. Even if this evaluation results in the need for a purely reactive plan, there needs to be a plan to react to stakeholder concerns and/or media inquiries. Knowing who can speak publicly about the litigation, what they can say, and how their messages will be disseminated are basic questions litigation teams must be prepared to answer.
Dysfunction #2: Lack of trust between the litigation team and communications counsel
In this scenario, you have a plan and have taken the step to hire external communications counsel — good move. The best move, however, is to ensure trust and transparent communication between both parties.
In many cases, litigation teams will use the attorney-client privilege to silo themselves from communicators and only reach out once a problem has become apparent or urgent. This practice severely reduces the communicators’ abilities to leverage available resources.
Instead, partner with a communications team that understands the nuances of working under the attorney-client privilege, treat them as part of the legal team, and work together to identify and address potential issues before they can lead to crisis.
Dysfunction #3: Too much focus on traditional media relations
The media are often valuable and relevant stakeholders when it comes to managing public interest in a legal matter. But they are not the only stakeholders.
If the litigation communications plan or team is laser-focused on media audiences only, you’re likely leaving some other really important stakeholders in the dark. Ask your litigation communications team who their target audiences are, and how they plan to reach each audience individually.
Dysfunction #4: Conflating crisis communications with litigation communications
Crisis communications practices and litigation communications practices are simply not the same. While both address public information needs, litigation communications strategies also have case-specific advocacy goals that may require multi-disciplinary approaches.
Be cautious about hiring so-called crisis communications experts who do not have specific experience in litigation or default to a “no comment” litigation communications strategy; and keep in mind that not all litigation communications experience is equal. You may need a communicator who has practice-area, jurisdictional, or case-specific expertise.
Dysfunction #5: No measurement of success
Is a win really a win? Is there no progress in a loss? Adept litigation communications counsel can assist in developing measures of success that not only can serve as helpful metrics throughout the litigation timeline, but also provide valuable insight on the reputational value that has been maintained or achieved no matter the outcome of the case. Ask early about how your team will evaluate success and what mechanisms or resources are being used to measure.
The field of litigation communications continues to become more sophisticated as corporate clients have increased their focus on reputational value and stakeholder management. Avoiding these five dysfunctions can ensure your legal strategies are fully aligned with the client’s business needs.
Bottom line: Today, litigation communications strategies should not be considered optional. Avoid these five common dysfunctions of litigation communications strategies to maximize your strategy’s effectiveness.
Megan Paquin, a strategic communications advisor at Copo Strategies, is a litigation communications expert with more than a decade of experience helping multinational corporations and high-performing legal teams navigate a wide range of complex civil and criminal matters.
