Successful attorneys know that litigation strategies can often evolve as a lawsuit proceeds through its inevitable stages. For litigants whose reputations are at risk, whether individuals or organizations, the public-facing communications strategy should evolve as well.
Every filing in a high-profile court case is a potential media event.
How you choose to use or not use the litigation calendar will depend on factors like the facts of the case and whether they are likely to attract press attention, your client’s overall public relations strategy and how eager your opponent is to use the media for their arguments. Keep in mind the press may find your case on their own. Many news sites use proprietary technology to scan court dockets and identify lawsuits that may interest their readers.
It’s crucial to anticipate when the media might cover the dispute, what facts will drive that coverage and which milestones offer the best opportunities for your client to tell their story and protect their reputation. An experienced and skilled crisis communications team can help identify those strategic opportunities, possibly cultivate timely media interest and potentially flag triggers in filings that could reflect badly on your client should they be included in media coverage.
The filing of the case is your first chance to tell your story. No matter which side you’re on, it’s important to consider how to address media coverage, whether that coverage is sought or simply unavoidable. At the same time, factors such as the judge’s likely reaction to public attention must be part of that calculus to ensure that any communications strategy aligns with the legal strategy.
If you’re filing the complaint, know that reporters focus on the introduction, so make it punchy and succinct to tell your story as effectively as possible (The nitty-gritty legalese will come later – and reporters may not even read that far). Also, consider whether prepared statements from you and your client, along with a backgrounder on the suit, would help drive your key messages.
If you’re on defense, there’s rarely any benefit to proactively alerting the press, but don’t let media inquiries catch you flatfooted. If you think your client’s matter may head to court, be prepared with a clear statement and, if possible, supporting information that compels reporters to include your perspective.
The plaintiff starts with momentum, but other events on the calendar can spur headlines that favor the defendant.
For example, a motion to dismiss gives the defense a chance to reset the narrative of the matter. Reporters following the case will focus on the motion’s introduction. It should frame the defense’s narrative in a clear and succinct way, reinforce key themes and provide compelling tidbits that can shape headlines and soundbites, especially those that counter any inflammatory language used by your adversary in the complaint.
And while an answer to a complaint is often a nonevent, that changes if it includes a counterclaim. Prepared statements around these developments should highlight what’s new while reinforcing your core messages.
Following discovery, a motion for summary judgment can become another flashpoint. For the plaintiff, it’s a moment to underscore the strength of their case and turn up public pressure on the defense. For the defendant, it’s a chance to portray the claims as meritless, shape public perception and potentially strengthen their position in settlement discussions.
Hearings matter — a lot. A lawyer’s focus should be the judge but, with a high-profile case, understand your arguments will be quoted. While that might make a prepared statement after the proceeding unnecessary, it’s important to consider whether background material or even a conversation might be valuable for key members of the press ahead of time.
While there are more and more publications that cover “legal news,” even those reporters can misunderstand arguments or misquote speakers, so it’s important to have a team prepared to review media coverage and act quickly to stamp out incorrect information before it spreads (We see this all the time. The jury decides a defendant is guilty of one thing, but the judge mischaracterizes the decision as something else – and that becomes the headline for all that follows).
The above is especially true should your matter go to trial. A seasoned communications team can help strategize around the value of advance briefings with the press and monitor each day’s coverage. Key moments should be emphasized with reporters, on background but not off-the-record. Those moments could range from witness testimony central to your case or a decision from the judge during a sidebar or with the jury out of the room.
Highlighting these moments — and doing so in a way that avoids tainting the proceeding or violating ethical rules — can help shape public perception and counter concerns about the client’s integrity among their business partners, family, and friends. Balancing legal caution with strategic communication is key to protecting both courtroom outcomes and the client’s broader reputation.
Winning in court means little if you lose in the court of public opinion, where reputations are shaped and long-term consequences take root. While legal victory must remain the top priority, it should be pursued with care and strategy that protects the client’s future beyond the trial.
Ultimately, the goal is not just to clear a name legally, but to ensure the client can still lead a life, maintain relationships, and rebuild after the controversy fades. Don’t overlook how the litigation calendar can help you and your client achieve that end result.
