GLOBAL-WIDE: An Introduction to Litigation PR & Communications

The New Litigation Imperative: Embedding Communications Into Legal Strategy From Day One

High-stakes legal battles are no longer confined to courtroom arguments and judicial rulings. Modern litigation, particularly in complex, international and highly contentious cases, has evolved into an engagement that unfolds across multiple fronts – in traditional media, on digital platforms and in the court of public opinion. This reality demands a new approach to legal strategy, one that recognises public perception as critical terrain where cases can be won or lost before a judge ever renders a verdict. Treating communications as an afterthought or reactive necessity is a strategic mistake that exposes organisations to significant and avoidable risks that can distort the legal narrative and damage broader organisational reputation.

This shift stems from fundamental changes in how information spreads and narratives take shape. In our digital age, information – whether accurate or not – becomes instantly searchable and permanently archived, allowing public narratives to form and solidify with remarkable speed. The growing threat of misinformation, including sophisticated AI-generated campaigns, presents new challenges for litigants. High-profile cases demonstrate how a compelling, widely shared story can decisively influence public understanding and materially affect legal and political outcomes.

Consider the 9/11 families’ fight for justice against international state sponsors of terrorism. A single, strategically placed and amplified investigative story exposed how a covert lobbying effort – funded by foreign interests – was using US military veterans as unwitting spokespeople to oppose the Justice Against Sponsors of Terrorism Act (JASTA). By exposing this manufactured narrative, the communications effort undermined opposition momentum and helped rally public and congressional support for the legislation. The result: Congress overrode a Presidential veto – an extremely rare occurrence – ensuring the families retained the legal standing to pursue their claims in court.

Delaying communications strategy is not just reactive – it means giving up early opportunities to control the narrative and risking real reputational damage. The financial consequences are clear: data from corporate crises consistently shows multimillion-dollar losses directly tied to eroded public trust.

The “Day One” advantage

In an increasingly global legal environment, the challenges of cross-border litigation require a harmonised approach to communication. Legal norms, disclosure laws and media cultures vary widely – what is standard practice in one jurisdiction may be problematic in another. A well-co-ordinated communications strategy can bridge these divides, ensuring messages are culturally appropriate, legally compliant and strategically aligned. Embedding communications experts from the start is essential to managing these complexities and minimising the risk of narrative fragmentation.

Embedding strategic communications into legal strategy from “Day One” creates a decisive competitive advantage. Early integration allows legal teams, working with communications counsel, to identify the optimal client narrative, proactively frame the issues, and seize early control of the public conversation before adversaries can respond. This includes providing input on the language of initial legal filings, ensuring they serve both their legal purpose and act as powerful early communication tools that make complex arguments understandable to key audiences.

A skilfully managed public narrative directly supports legal objectives. It can create a more favourable environment for negotiation and significantly reduce risks such as prolonged regulatory scrutiny or damaging follow-on suits. This proves especially critical in high-profile and high-stakes matters where uncontrolled early client statements can become “narrative landmines”, providing powerful leverage to the opposing side. An integrated communications strategy ensures consistent, compelling messaging across the modern information landscape – from traditional media to digital platforms – preventing narrative fragmentation that can weaken impact and undermine credibility.

The need for specialised expertise

Effective litigation communications is a specialised discipline requiring more than general PR skills. It demands sophisticated understanding of legal processes, sensitivity to ethical considerations, and experience navigating adversarial pressures. For communications to truly amplify legal strategy, the advice must mesh seamlessly with legal objectives through embedded collaboration and comprehensive understanding of the legal team’s goals.

The most effective litigation communications advisers bring crucial dual capability: they translate complex legal arguments into clear, resonant public narratives while providing legal teams with vital insights into public and media dynamics to refine ongoing strategy. This demanding role requires legal fluency, deep media expertise  and a consistently client-first strategic orientation.

Strategic litigation communications extends well beyond media relations. A fully developed litigation communications strategy also includes stakeholder engagement, internal messaging alignment, and crisis readiness planning. Anticipating sensitive issues and co-ordinating across departments ensures a united response to reputational threats, helping minimise confusion and maximise resilience.

The US environment

While these principles offer a global blueprint for advantage, they gain particular importance in the uniquely litigious, media-intensive and high-stakes environment of the United States. Here, where corporate counsel consistently express concerns over reputation-centred disputes – with recent surveys like the Norton Rose Fulbright 2025 Litigation Trends Survey showing average litigation spending for large companies climbing to USD4.3 million in 2024 – the ability to expertly shape public and policymaker opinion often proves pivotal for law firms and litigation teams.

In the United States, the transparency of court filings through systems like PACER (Public Access to Court Electronic Records) creates unique reputational risks. Attorneys and clients must assume that filings – both those they submit and those submitted by opponents – may be instantly accessible to the press, watchdogs or adversaries. This accessibility means communications teams must monitor filings in real-time and be prepared with immediate, aligned messaging. It also elevates the importance of drafting legal filings that support not just a legal case, but a clear, defensible public narrative from the outset.

Though tactics must be tailored to specific circumstances, the fundamental imperative to embed strategic communications from “Day One” for competitive advantage represents a global best practice for any entity facing complex international litigation.

The new standard

In an era of escalating litigation pressures and pervasive digital scrutiny, where narratives can be weaponised and reputations attacked with unprecedented speed, integrating strategic communications into the core of legal strategy is no longer optional – it is a fundamental pillar of modern legal practice. The evidence is clear: the earlier strategic communications is integrated into litigation strategy, the more effective it becomes as a tool for achieving distinct competitive advantage.

Whether anticipating a dispute or responding to one as it unfolds, this proactive approach to reputation management is essential for organisations determined to protect their interests, achieve superior legal outcomes, and win decisively in both the court of law and the equally crucial court of public opinion.