Winning in the Court of Public Opinion: The Critical Role of Litigation Communications

Legal battles are no longer confined to courtrooms. They play out across news headlines, social media feeds, and living rooms around the world.

Whether a company is facing a high-profile lawsuit, a regulatory investigation, or a class-action dispute, the court of public opinion can be just as consequential as the legal ruling itself. This is why litigation communications is essential. It’s more than just about managing crises. It’s about shaping the narrative, mitigating reputational damage, and ensuring that a company’s perspective is heard, understood, and believed.

Richard S. Levick, Esq., often referred to as the father of litigation communications, once said, “The person who controls communication, controls negative effects on his/her client.” This insight underscores the value of strategically managing public perception, particularly in complex legal battles where the stakes are high. Without the right communication approach, legal victories can be overshadowed by damaging public narratives that undermine an organization’s reputation and long-term success. A legal victory is of little value if the narrative surrounding the proceedings casts significant doubt on a customer’s trust in the brand.

Bridging the Gap Between Legal Strategy and Public Understanding

The significance of litigation communications lies in its ability to translate complex legal matters into clear, digestible, and easily accessible messages. Legal arguments can be dense and may not resonate with the general public, potentially leading to misunderstandings or misinterpretations. By framing legal narratives in a way that is comprehensible and emotionally compelling, litigation communications help shape public discourse, ensuring that an organization’s perspective is accurately represented.

The person who controls communication, controls negative effects on his/her client.

Richard S. Levick, Esq

Often in high-profile litigation, media coverage is a certainty. Mismanagement of media relations will influence public sentiment, which, in turn, may impact judicial proceedings and outcomes. Effective litigation communications proactively manage media relations, providing timely and factual information to counteract misinformation and mitigate reputational risks. A key function of litigation communications is providing a media strategy that helps control the flow of information, prevent the spread of inaccuracies, and maintain the organization’s reputation throughout the legal process.

Why Law Firms Need Communications Experts

For law firms, hiring litigation communications firms is no longer a luxury—it’s a necessity. Cybersecurity lawyers have recognized the importance of communications professionals to manage public notifications following a data security incident, as legal compliance often mandates clear and timely communication. Similarly, in M&A, product recalls, environmental litigation, and regulatory investigations, communication professionals manage sensitive public messaging, keeping stakeholders informed and mitigating the impact of negative media coverage. In high-profile cases, their role in shaping public opinion can be as important as the legal strategy itself.

A legal victory is of little value if the narrative surrounding the proceedings casts significant doubt on a customer’s trust in the brand.

The skillset of a great litigation communications expert complements that of a lawyer by focusing on the human element of a case. Lawyers are trained to argue cases based on facts and legal precedents, but facts alone don’t always win over public sentiment. Communications experts add an essential layer of empathy and storytelling, ensuring that legal strategies are not just legally sound but also resonate on a human level.

For example, in a corporate lawsuit involving environmental concerns, a law firm may argue technical compliance with regulations, but a communications team will emphasize the company’s long-term sustainability efforts, community engagement, and commitment to ethical business practices. This dual approach ensures that while legal defenses hold up in court, they also resonate with key stakeholders outside the courtroom.

Winning on All Fronts

Incorporating litigation communications into legal strategies is not merely about controlling narratives but also about fostering trust. The ability to manage how a case is perceived outside the courtroom is critical in today’s media-driven environment, where public sentiment can influence legal outcomes and long-term reputation.

For law firms and businesses alike, litigation is no longer just about legal arguments; it’s about shaping the story, connecting with audiences, and ensuring that every case is won not just in a courtroom, but in the minds of the public. Effective communication helps mitigate reputational risks and ultimately strengthens the relationship between an organization and its stakeholders. A case that is handled with strategic communication efforts can result in a more positive public perception and a greater likelihood of long-term success, both legally and in the court of public opinion.