Few legal officers have an updated plan in place to adequately prepare for communications efforts outside of the courtroom, even though most acknowledge the many reputational effects a lawsuit can have among enthusiasts and stakeholders, according to a recent survey of senior legal officers released by B2B communications agency Greentarget.

Greentarget’s 2016 Litigation Communications Survey found that an overwhelming majority — 86 percent — of respondents considered external communications important. Indeed, nearly the same number — 82 percent — reported that their organization had been involved in at least one high-profile litigation action during the last year.

However, only more than a third — 38 percent — claimed their organization has a recently revisited external communications plan in place to account for high-profile litigation, and about two-thirds of respondents — 62 percent — said they either have no external communications plan, or rely on an outdated model that hasn’t been revised since its inception.

Greentarget senior vice president Larry Larsen, who also heads the agency's crisis and litigation communications group, told O'Dwyer's that "the most surprising result was the stark contrast between the importance that the respondents ascribe external communications versus the actions they take to mitigate reputational risk in future situations."

"The fact is that most senior legal officers can name the top two or three lawsuits they never want their companies to face. Why not prepare for those eventualities?" Larsen told O'Dwyer's. "Ultimately, we believe that the legal function working in concert with the communications function and outside advisors should prepare for the most-likely contingencies. In today’s litigious environments, it is not a matter of if a lawsuit will occur, but when."

Nearly 60 percent of respondents also characterized their organization's external communications plan during high-profile litigation as "conservative," and an overwhelming 80 percent cited fear of negative media coverage as a factor preventing them from becoming more aggressive in their communications efforts. While more than half of respondents — 60 percent — said their CEO was actively involved in high-profile litigation, only 15 percent said the company regularly seeks outside help when managing communications during high-profile litigation.

The survey, conducted by Greentarget’s Research and Market Intelligence Group with online survey instrument Zarca, polled 73 senior legal officers of major corporations between October and November 2015. About three-quarters of respondents work for organizations accounting for at least $500 million in annual revenue.

Chicago-based agency Greentarget, which specializes in corporate, financial and professional services communications, was founded in 2005. The survey's full results can be found here.