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Litigation is increasingly a reputational issue for legal firms as well as for the parties they represent in conflicts, according to a new report from INFINITE.
“Disputes in the Spotlight: When Litigation Becomes Reputational Strategy” brought together communications leaders from major UK and global law firms for a closed-door roundtable. The information gathered at the roundtable was then supported by an anonymous survey that provided perspectives on risk appetite, internal pressures, and decision-making frameworks.
According to the study, faster digital amplification, greater stakeholder sensitivity, increased scrutiny of professional advisers, and greater internal pressure to make consistent, defensible decisions about when to engage and when to stay silent, have combined to place litigation under greater scrutiny.
That increased scrutiny means that litigation is no longer just a behind-the-scenes affair, separate from a firm’s mainstream communications. Not only do many conflicts generate reputational challenges prior to statements being issued, but firms themselves can be at the center of litigation, employment disputes or investigations, making it very difficult for them to remain discreet advisors.
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The change in status brings both benefits and drawbacks along with it. “Disputes can create meaningful profile opportunities for firms,” the study’s authors say. “This is particularly true in areas such as competition and high-value commercial disputes, where success can demonstrate capability at the highest level and reinforce a firm’s market position.”
But there can be some snags involved in turning high-profile litigation into increased communications opportunities. The study notes that litigators on the biggest cases are often constrained by client demands, which can often include no publicity at all. “This is a difficult dynamic,” it says. “The expertise sits with the instructed team, but the public interpretation can be captured by ‘the firm next door.”
Infinite’s report gives legal communicators several pointers on how to negotiate the issues involved in handling complex litigation.
It examines such topics as:
- Assessing which matters are most likely to attract heightened scrutiny and evolve into broader contentious issues.
- Determining when a legal matter warrants treatment as a reputational challenge.
- Integrating social and digital channels into disputes-planning and decision-making.
- The key questions that legal and communications stakeholders should consider before engaging externally on a dispute.
“The most effective firms recognize that litigation, client service, and brand are no longer separate considerations,” said Infinite head of professional services, crisis & litigation (UK) Ryan McSharry. “Now more than ever, they require stronger judgment and greater alignment across all three to successfully navigate a demanding media landscape.”
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