Leveraging Litigation PR to Win Both in Court and the Court of Public Opinion

Litigation Public Relations

When it comes to litigation in the age of social media and the 24-hour news cycle, winning in court is not always enough—one must also win in the court of public opinion. Today’s high-stakes legal battles are often fought on two fronts: in the courtroom and in the media, where public perception can sway everything from jury biases to client credibility.

This is precisely why attorneys are increasingly partnering with public relations firms, integrating traditional PR strategies as part of their overall legal approach. The role of litigation PR has evolved significantly, as skilled public relations professionals work hand in hand with legal teams to ensure communication strategies complement legal maneuvers and protect a client’s reputation during the most critical phases of a lawsuit.

In many legal battles, public perception can make or break a case. The opinions formed by the media, potential jurors, and the public at large shape the narrative surrounding legal proceedings. While attorneys focus on defending their clients within the strict boundaries of the law, litigation PR professionals like those at Red Banyan focus on shaping the narrative outside the courtroom.

For example, in one of our recent litigation PR engagements, a high-profile corporate executive was accused of financial misconduct. While his legal team constructed a defense in court, Red Banyan crafted a parallel media strategy aimed at managing public perception. Carefully timed statements produced by our team emphasized the executive’s integrity and contributions to the company, while exclusive interviews with media outlets ensured the executive’s side of the story is being told. By controlling the flow of information and reinforcing positive, fact-based messaging, we were able to protect the executive’s professional reputation and career despite his legal battle.

In high-profile cases, simply relying on “no comment” statements from attorneys isn’t enough. When a client or their legal team declines to provide any information, it can be perceived as evasive, defensive, or even guilty. The absence of a clear narrative leaves a vacuum, and in today's fast-paced media environment, that vacuum is quickly filled by speculation, rumors, or negative interpretations.

To the public, “no comment” can imply that there’s something to hide. It makes people wonder why the person involved isn’t defending themselves or addressing the issue. Worse, it can invite the media or opposition to control the narrative, spreading a one-sided or distorted version of events. In essence, it forfeits the opportunity to influence how the client is viewed, allowing misinformation to dominate public perception. The task of litigation PR professionals is to spread the client’s message beyond the courtroom where legal arguments can’t reach.

Litigation PR experts also help clients navigate the media storm that often ensues when news of the lawsuit breaks. Public sympathy can become a vital asset, and PR professionals know how to cultivate it. They craft and disseminate strategic narratives that ensure the public understands the client’s side, whether through press statements, interviews, or carefully curated social media content.

A notable example is Johnny Depp’s 2022 defamation case against Amber Heard. While his legal team focused on the courtroom, PR experts were equally focused on the public. By leveraging live trial broadcasts and strategically timed media appearances, Depp’s team successfully shifted public sentiment in his favor. This wasn’t achieved by legal arguments alone but through a calculated PR campaign that ensured his story resonated with the broader public.

But the work of litigation PR doesn’t end when the trial does. Reputation management is often critical post-litigation, particularly for clients whose public image has been damaged by negative press. Even a legal victory doesn’t guarantee a client will walk away unscathed in the court of public opinion. However, some clients can emerge stronger with the right PR strategy. This may involve long-term efforts such as public apologies, charitable work, and transparency initiatives to rebuild and bolster reputations.

To sum it up, legal battles today require more than courtroom victories—they demand thoughtful, proactive reputation management. Litigation PR firms like Red Banyan help clients win on both fronts, blending legal strategy with public relations to secure the best possible outcomes.

Frequently Asked Questions: Litigation PR

Q: How does a PR firm handle negative media coverage during a legal case?

Ans: PR firms often implement a multi-tiered approach. First, they monitor media outlets and social media channels in real-time to identify emerging negative stories. Then, they respond swiftly with fact-based statements that correct inaccuracies without revealing sensitive legal information. This could include issuing press releases, providing quotes to journalists, or leveraging relationships with trusted media contacts to ensure the correct version of events is told. In more serious cases, PR firms may advise on holding a press conference to directly address concerns and control the narrative.

Q: Can PR strategies influence the outcome of a legal case?

Ans: While a PR strategy cannot directly influence a court ruling, it can impact factors that play into the case. For example, a well-crafted public narrative can shape jury selection by influencing public opinion or mitigating potential jury biases. It can also affect settlement discussions; a company or individual with a favorable public image may find the opposing party more willing to settle quickly. The way public opinion is shaped could also impact regulators, investors, and business partners, influencing their actions during or after the trial.

Q: What happens if a PR firm mishandles a case?

Ans: A mishandled PR strategy can worsen the client's legal and public standing. Poorly timed statements, off-the-cuff remarks, or tone-deaf responses can fuel media firestorms, resulting in long-term damage to a brand or individual’s reputation. This is why it's critical to choose a PR firm with expertise in crisis communication and legal cases. A professional litigation PR firm, like Red Banyan will ensure all public messaging is consistent with the legal strategy and mitigates the risk of triggering additional legal consequences.

Q: How does a PR firm manage social media during a legal crisis?

Ans: Social media is one of the fastest-moving platforms where public opinion forms quickly. PR firms use specialized tools to monitor mentions of their clients, hashtags, and trends related to the case in real-time. In the event of negative social media coverage, they may respond directly through official channels, engage key influencers to shift the conversation, or promote positive content to drown out negativity. In high-stakes cases, PR firms may advise clients to remain silent on social media to prevent comments from being taken out of context.

Q: Is it possible to repair a client’s reputation after losing a court case?

Ans: Yes, a skilled PR firm can help rebuild a client's reputation, even after a legal loss. Post-litigation, PR firms often pivot to long-term reputation management strategies. These can include rebranding efforts, public apologies, charitable initiatives, and media appearances to reshape the client’s public image. They may also work on highlighting the client's future plans, humanitarian efforts, or business achievements to shift the focus from the legal defeat. Though it takes time, a well-executed strategy can help restore trust with key audiences.

Q: Are there any legal risks associated with using PR during litigation?

Ans: Yes, there are potential legal risks. PR firms must work closely with legal counsel to ensure public statements don’t violate court orders, breach confidentiality, or potentially bias a jury. Legal strategies sometimes require limited disclosure, and PR firms must navigate these restrictions while still managing the client’s reputation. In cases where public statements contradict legal positions, clients could face additional legal challenges, such as defamation suits.

Q: How do PR firms help manage internal communication during a legal crisis?

Ans: Beyond managing external messaging, PR firms also assist with internal communications to employees, board members, and stakeholders. Ensuring consistent, fact-based communication internally helps prevent misinformation, maintain employee morale, and reduce the risk of internal leaks to the media. During a legal crisis, it’s essential that employees receive clear instructions on what they can and cannot discuss, both in and outside the workplace, to avoid legal complications.

Q: What should companies look for in a PR firm that specializes in litigation PR?

Ans: Companies should seek a PR firm with extensive experience in litigation PR and crisis management. Look for firms with proven expertise in handling high-profile legal cases, particularly within your industry. The ability to work well with legal teams is crucial, so a firm’s understanding of legal constraints is a must. Transparency, media relationships, and a strategic approach to both crisis prevention and recovery are also essential qualities. Lastly, check their track record for handling sensitive, high-stakes legal battles.

Q: Can a PR firm help even if the case is already in full swing?

Ans: Yes, PR firms can be brought in at any stage of a legal case. While it’s always preferable to engage a PR team early to craft proactive strategies, a skilled PR firm can still manage damage control, media outreach, and narrative correction during an ongoing legal battle. They’ll assess the current situation, identify the risks, and develop immediate strategies to mitigate reputational damage.

Q: How long does reputation rehabilitation typically take after a legal case?

Ans: The timeline for reputation recovery depends on the severity of the case and the public’s perception. For some, it may take months; for others, years. Key factors include the nature of the allegations, how the case was covered in the media, and the individual or company’s willingness to adopt a transparent, long-term PR strategy. Consistency and persistence in public messaging, coupled with a strategic focus on positive news, can accelerate the rehabilitation process.