BulletProofBlog the blog on crisis communications

Each week, Bulletproof Blog features exclusive interviews with thought leaders on issues of critical importance to companies and countries. This week, to explore the impact of public communication on litigation strategies, we interview Chip Babcock of Jackson Walker L.L.P.

Mr. Babcock has tried some of the highest-profile cases of our time, including representation of Oprah Winfrey in the suit brought against her by Texas Cattlemen and the successful defense of The Chicago Tribune in the Circuit Court of Cook County Illinois. An attorney who truly understands the value of shaping public perception during trial, he shared his insights on litigation communications with Bulletproof™:

Why is public communication so important for companies embroiled in litigation?

Chip Babcock: The reason is twofold. First, companies defending themselves against high-profile litigation must protect themselves from brand damage in the marketplace. Second, a sound communications strategy can influence those who will be deciding the case and have all sorts of positive effects on what you’re trying to do in the court.

Of course, this represents a real challenge for the majority of outside counselors that have yet to grasp just how important public perception during trial really is. It’s not something you learn in law school. It runs counter to the setup of the legal system. You’ve got attorney-client confidentiality. You’ve got ethics rules that restrict public comment by attorneys. The whole nature of the business is counterintuitive to the fact that companies’ public messaging about legal problems is every bit as important as what happens in court.

That mindset has to be overcome, because hunkering down and issuing nothing but “no-comments” is often perceived as arrogant. It sends the message that the company couldn’t care less about what’s happening – and that’s not going to help you in the courthouse or the Court of Public Opinion.

What are the most important things to remember when devising a litigation communications strategy?

Chip Babcock: Today, news cycles are tighter than they were even five years ago – so you’ve got to get your in-house counsel, outside counsel, in-house communications team, and outside crisis experts together and get on top of the facts as soon as possible. If you’re not working to control the message from the outset, then your adversary will tell your story for you.

Another important point is that you’ve got to speak with one voice. If you have multiple people speaking, unless they are very tightly coordinated – which never happens – then you’re going to be mixing your messages. If you have somebody in a company that is saying something that is off message, not true, or ill-informed, it will come back to haunt you during litigation.

What’s next with regard to litigation communications strategy?

Chip Babcock: The rise of digital and social media has changed the game significantly. Right now, the specialty blogs that permeate just about every industry drive the mainstream media’s coverage of high-profile litigation – so engaging them is absolutely vital.

In the Court of Public Opinion, reaching out to your constituencies – whether they’re consumers, investors, or any other interested party – via Facebook, Twitter, YouTube, and other social media platforms is also a must. These are the places where people are getting their news. Your messages have to be where your audience can see them.

Larry Smith is Senior Vice President of Levick Strategic Communications, the nation’s top crisis communications firm, and a contributing author to Bulletproof Blog.