With legal issues increasingly "tried" in the court of public opinion, it's important to have the right counsel in place, both inside and outside of the courtroom.

In today's environment of minimally controlled Internet postings and editorialized television programming under the guise of "all news" stations, the court of public opinion has a huge impact on an individual's or organization's reputation.  Increasingly, legal counsel is becoming aware that having a public voice in many legal matters has greater benefits - or fewer risks - to its clients' reputations than "no comment."  But to be heard, your message must be credible, clear and relevant.  Here are some basics for a winning litigation communications approach:

Be prepared.  Credibility, a key factor in being listened to and believed, doesn't come overnight, and especially not under fire.  Make sure your reputation is intact by establishing a corporate reputation management program before issues arise.  Also, if you are anticipating a high-profile legal issue, do a bit of research on the opposing side. What is their proclivity for publicity?

Be timely & accessible.  If you are anticipating litigation, work with your attorneys and communications counsel to prepare your messages in advance, allowing a quick response to queries. Your lawyers may advise you not to respond to media queries, and sometimes this will be necessary to protect your in-court interests.  What to do?  Select a law firm that is willing to be responsive on your behalf.  When hiring a firm, ask if they have a media management capability, either in-house or through an established relationship with a communications/public relations firm experienced in litigation communications.

Choose a spokesperson. Many litigation communications professionals will agree to a compromise with the attorneys, and issue a written statement rather than speak to media. Sometimes this will work. But even written statements can be taken out of context, and a television visual of a page of text with a few highlighted "call-outs" (especially if there is a real person telling the other side's point of view) can do more damage than good. Having a designated and prepared spokesperson will give you options when the media calls.  And when the cameras are rolling on the courthouse steps, a prepared spokesperson versus a "no comment" will greatly influence the outcome of the story.

Be clear.  Whether you are responding directly or through legal counsel, take a step back and think about your audiences.  Be sure your message can be understood and is relevant to them.  An objective communications counselor can help.

Know your stakeholders.  Think about all the ways your key stakeholders get and seek information. 

Direct communications, in the form of letters, emails or phone calls, may be in order for certain groups like shareholders, employees or vendors.  It can be very upsetting to someone involved with your company to hear bad news on the radio during evening drive, but that can be tempered by giving them a "heads-up" via telephone when you know news is about to break.

Do you have loyal customers who may go to your Web site for more information? Be sure you have an e-communications team in place to post updates or even create a "dark" subdomain site with information for customers that's ready to update and go live when you need it.

Example: Doing it Wrong

I recently was called onto a conference call by a group of four out-of-state attorneys - three of them in the capacity of board members of an organization facing a lawsuit, and one who was the organization's legal counsel of record - seeking advice as they debated a response to a media query.  The problem with this?  Well, there were many:

• Several months prior, anticipating backlash from a potentially unpopular decision the board had made, this organization paid me well to prepare a plan for the announcement which included one-on-one meetings with those closest to the issue, staff meetings, blast email and voice mail scripts for members of the organization, and a designated spokesperson for media interviews, anticipating the story would be leaked to the press.  However when the time came, the board disregarded the counsel and materials, and instead posted a note on the bulletin board thinking it might "go unnoticed."
• An initial newscast "breaking" the story (with a camera on the bulletin board announcement) aired the day the announcement was posted, but the board mistakenly hoped the issue would "go away" and didn't call me.
• The Day 2 query came late morning, but the group spent critical time in debate.  When they finally called me, it was within an hour of the late afternoon newscast and too late affect the story.

The net result included lost credibility with internal and external (media) audiences, newscasts composed of interviews with a teary-eyed plaintiff and a single written statement from the organization, and a story that remained in the local press for eight days.

Example:  Doing it Right

When an Oak Brook, Ill., distributor of Thomas & Friends wooden railway cars faced a lead-related recall, a full list, including pictures of the affected toys, was available on its Website, along with printable forms to accompany returns of recalled products as the news broke. It was crisis communications at its best, so much that I even wrote the company to compliment them on their actions - which also included sending a "bonus" wooden engine to children as they waited for replacements of the affected toys, and a postage reimbursement check to the parents who sent in the recalled pieces.

About our Guest Blogger:  Starr McCaffery is an award-winning PR consultant who formed Sound Solutions, Inc., a communications firm in Aurora, Ill., in 2004.  For nearly two decades she worked at major Chicago PR agencies including holding senior positions at Edelman Worldwide, the world’s largest independent PR firm, where she managed the team that developed the firm's litigation communications protocol. Information about McCaffery and her firm can be found at www.chicagoprfirm.com.  Case studies on litigation communications also can be found at the site.