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Royal Courts of Justice Old City London England.

Best practices for communication during litigation

For both businesses and individuals, litigation is about more than just the courtroom it’s about high-stakes reputation management. Litigation communications is the art and science of protecting clients’ public standing while legal matters unfold. With UK media and social platforms amplifying every claim or correction, law firms and communications experts need to work hand in hand and think beyond just legal strategy.

1. Ensure law firms and communications experts are working together

Effective litigation communications begins before the first legal filing. When PR specialists are involved early, messages can be aligned with legal objectives—anticipating media interest, preparing measured responses in advance and preparing for potential challenges.

When supporting the high-stakes litigation surrounding Julian Assange there were several highly complex legal issues at play that were being distorted by highly charged media headlines. Our job was to re-focus the narrative on the issues at the heart of the case, primarily surrounding press freedom. Here is a link to the full case study.

Introducing communications from the get-go allows for consistent message development, proper forward planning, and better control of reputational risk.

2. Control the narrative to avoid a vacuum being filled

Where silence exists, speculation thrives. Without clear messaging and a proactive communications strategy, litigants can leave a void to be filled by media or even the other side, and reputations can be damaged irreparably.

A high-profile recent example of this is Prince Andrew. Despite the legal matter being settled out of court, his public image was significantly damaged by poor communications. A widely criticised BBC interview and inconsistent messaging left the public narrative shaped by confusion and criticism.

3. Focus on long-term reputation, as well as the desired legal outcome

Legal vindication doesn’t automatically restore reputation. Litigation that isn’t handled effectively can lead to long-lasting damage, despite the results of the case.

Clients that are exposed to litigation should view their communications strategy as key to safeguarding their broader reputation, not just managing the legal fight.

4. Strategic media engagement can be critical

Media-driven litigation can play out like theatre. Particularly in the US but increasingly in the UK, courtroom dramas are perceived as arguably the ultimate manifestation of reality television.

A strategic, measured approach can support accurate coverage about a case whereas emotional or unfiltered exposure can backfire spectacularly.

In the high-profile Johnny Depp vs Amber Heard defamation trial, intense public scrutiny in the US led to polarized, sensational reporting. This highly publicised case is a great example of how poorly handled litigation communications can lead to long-lasting reputational damage, despite legal outcomes.

In UK legal cases, lawyers should turn to communications advisors that have a deep understanding of how cases can unfold, as well as strong relationships with influential journalists from the legal world as well as in the publications that matter to the client.

5. Prepare a post-litigation narrative

The end of a case often marks the moment where media scrutiny peaks. How the outcome is communicated can reinforce or undermine the client’s reputation.

Some clients opt for silence; others may want to use this moment to reset the narrative. Either way, post-litigation communications planning is essential and can hold the key to restoring or protecting a client’s reputation.

6. Why this all matters

As Tim Jotischky, Divisional Managing Director (Reputation) at The PHA Group, commented in Communicate Magazine ‘When a company’s values are called into question, the fall out can cause serious reputational damage… Preparation is key.’

This principle applies equally in litigation and ensuring plans are made in advance to avoid a reactive approach. Clear processes should be established to ensure consistent internal and external messaging and prepare for a range of possible scenarios.

The PHA Group has worked on some of the highest-profile legal cases in recent years, from clearing Sir Cliff Richard’s name through to fighting for Julian Assange’s freedom. We have worked closely with legal teams to influence positive legal outcomes and protect our client’s reputations.

Effective litigation communications is becoming an essential part of most legal strategies and is critical when managing public perception.

If you’d be interested in learning more about our case studies and expertise in litigation communications click here.

Get in touch with the team