Lessons in Litigation Communications

There’s no communication challenge quite like a lawsuit. I’ve been in courtrooms for intellectual property and antitrust hearings and trials, managing the expectations of lawyers and the media. What I learned there is useful in almost any situation in our chaotic world. So here are seven tips:

Be prepared for surprises! Companies often first learn they are being sued through a reporter calling for a comment on a tweet – before the filings even reach the General Counsel’s desk. It’s vital to acknowledge the suit or any other crisis with a bland ‘holding statement’ while the legal and executive teams formulate a response.
Lead through the storm. Litigation makes everybody nervous, because it’s high stakes with little control. An executive leading a company through litigation has to be equal parts reassuring and firm with employees, customers, investors, partners. In a major lawsuit or any crisis the CEO and General Counsel share a mantle that must cloak the fears of every person connected with the action. It’s exhausting, it’s distracting, and it’s absolutely necessary.
Be patient, gracious, accessible. If YOU think your case is complicated, imagine how outsiders feel. Empathize with overwhelmed journalists, with your employees who are getting asked embarrassing questions at the grocery store. Empathize with your sales and investor relations teams who are getting those nervous calls about a lawsuit or any freaky crisis. Take extra meetings to reassure key constituents face to face.
Balance needs. Your litigators might want to argue that your company is being destroyed by the litigation, your salespeople might want to reassure customers that everything is perfectly fine. Conflicts will surface throughout the case. Effective leaders bring everyone to one table to thrash out conflicts and agree before each strategy decision in a lawsuit or any other challenging situation.
Credibility is everything – no really, EVERYTHING. Build and protect your credibility carefully and deliberately. There will be opposition to your message and point of view in any crisis. Have the courage to be the first to broadcast your losses and setbacks. If you don’t, everyone else will anyway.
Your dirty laundry is as dirty as the other side’s. Count on your opponent to reveal your company’s embarrassing documents with glee. A lawsuit may produce a winner, but almost never a winner who remains unbloodied. In any crisis, be honest, clear, consistent, gracious. Your non-verbal cues are sometimes more important than what you say when you’re getting questioned about ugly evidence.
It isn’t over when it’s over. Finally, even in the case of total victory, some of your key audiences may still be bruised and traumatized from the suit or any crisis. Be patient and consistent in building back trust whenever you communicate to your most vital audiences – your employees, your customers, your investors.

Litigation may be highly public and dramatic, but the chaotic world we live in right now produces constant crises that require the same leadership, attention, and commitment. Good luck people!