In high-profile litigation, winning in the courtroom is only half the battle. The other half is fought in the public arena, where perceptions shape reputations, influence regulators, and sometimes even affect jury pools. That’s why legal and communications teams must work in lockstep.
Too often, however, these two disciplines operate in silos. Attorneys focus exclusively on case law and procedure, while PR teams instinctively move fast to address the “crisis of the moment.” When they don’t coordinate, responses can clash, overlooking legal constraints on one side or ignoring public perception on the other. The result: missteps that weaken both the legal strategy and the company’s image.
Two Perspectives, One Goal
- Legal counsel plays the long game. Attorneys must protect the record, preserve arguments for appeal, and refrain from making comments that could prejudice the proceedings. Their priority is ensuring the case stands up in court.
- Communications professionals play the fast game. They must respond to reporters on deadline, manage social media chatter, and provide reassurance to employees, customers, and investors. Their priority is to ensure the company maintains credibility in real-time.
Both perspectives are essential, but without coordination, they risk working at cross-purposes.
The Attorney’s Role: Calling the Team Together
Ultimately, the responsibility for alignment rests with legal counsel. Attorneys are best positioned to understand the risks of disclosure, the nuances of privilege, and the potential for statements to be misinterpreted in court. That means they must take the lead in convening the right people – in-house external lawyers, communications professionals, and senior leadership – to devise a unified plan.
The goal is to ensure that messaging supports the legal strategy while also acknowledging the need for transparency and trust-building.
Key Steps for Building Alignment
1. Create a Joint Communications Plan
- Map out key audiences (media, regulators, employees, investors, customers, etc.).
- Identify what each audience needs to know and when.
- Draft messaging that can be adapted for different channels but remains consistent in tone and content.
2. Designate Roles and Responsibilities
- Appoint a clear spokesperson or media contact.
- Define when the PR team may respond directly to reporters and when legal must sign off.
- Ensure executives know who to turn to with questions, avoiding ad hoc responses that undermine strategy.
3. Develop Pre-Approved Messaging
- Prepare holding statements for common scenarios.
- Ensure messaging is legally sound but still responsive, avoiding the dreaded “no comment.”
- Build in flexibility so updates can be shared quickly without waiting for lengthy approvals.
4. Keep Privilege in Mind
- Structure communications so that sensitive work product remains protected.
- Engage PR professionals through counsel when litigation communications must be privileged.
- Train teams on how to handle confidential information responsibly.
The Cost of Misalignment
When legal and communications operate in isolation, the consequences can be severe:
- A PR statement meant to reassure the public accidentally undermines a legal defense.
- An overly cautious legal response leaves a media vacuum, fueling speculation.
- Mixed messages from executives erode stakeholder trust and create headlines worse than the case itself.
In high-profile matters, these errors can damage both the case and the company’s reputation.
The Takeaway
High-stakes litigation isn’t just a legal challenge – it’s a leadership challenge. Success depends on ensuring that lawyers and communications professionals work in harmony to complement one another.
Attorneys who recognize this dynamic early and take the lead in building alignment will safeguard outcomes on both fronts, proving that the strongest defense isn’t only about what happens before the judge, but also about what happens in the headlines.
