Greentarget

Greentarget

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If the prospect of a publicly traded U.S. law firm seems unlikely, consider that more than five decades ago, there was no such thing as a publicly traded American investment bank. Due to a nearly 200-year-old rule requiring that the New York Stock Exchange approve all shareholders of its member firms, the NYSE didn’t allow them. But thanks to Dan Lufkin, who engineered the 1970 initial public offering of his investment banking and brokerage firm, Donaldson, Lufkin & Jenrette, the NYSE amended its rules and it’s now difficult to imagine the big Wall Street firms like Goldman or Morgan Stanley as private partnerships. But they were. Just like today’s big law firms.  

According to William Cohan, who relays this story in his article, The Next Big I.P.O. Scramble, it may be only a matter of time before a bold and enterprising law firm follows in Lufkin’s radical footsteps and converts its private partnership into a public corporation – a structure that would provide greater access to capital, help streamline law-firm mergers and allow retiring partners to cash out their shares. Like the NYSE once prevented investment bank listings, most state bar associations still have rules against non-lawyer ownership of law firms. But that has begun to change. 

Utah and Arizona have relaxed the American Bar Association rule barring nonlawyers from sharing in law firm ownership. To a fiercely competitive industry that has few options for raising capital, these changes could open a door to a source of affordable growth capital, a liquid market for partners’ equity, and a reliable method for determining a firm’s relative value in a highly acquisitive marketplace. The two states have granted a total of 91 licenses for alternative legal business entities, according to The American Lawyer. Once a major law firm walks through that door, many more could follow. 

Skeptical? If the true story of the investment banking industry’s conversion isn’t a sufficient analog, the rapidly growing appetite for litigation finance, even among the legal industry’s biggest firms, is further evidence that law firms are eager to tap alternative sources of capital to fund their growth.

So if this potential shift becomes reality, law firms that take the IPO plunge will need to communicate frequently with an entirely new audience — public shareholders. And meeting shareholders’ demand for information will require significant, fundamental changes to how law firms share information with stakeholders.

What does this mean for you? Effective shareholder communication is not a switch you can flip on the first day of trading. If you harbor hope that your law firm will someday ring that iconic opening bell, plan to implement the following five tactics well before you file your registration statement. Doing so will support a successful IPO and enhance your ability to communicate effectively with your shareholders going forward, supporting quarterly earnings and other material disclosures, and ultimately an appropriate valuation. 

1. Generate Pre-Filing Awareness

When contemplating a public offering, the way your firm communicates right now matters. Once you file your S-1, or registration statement, you can’t be perceived as promoting the offering as you prepare to begin trading. But you are permitted to continue sharing certain information about your business as you have in the past.  

To establish an appropriate baseline, your external communication plan should include:

  • Announcements of your involvement in major matters, litigation wins, and other noteworthy milestones
  • Timely content conveying unique positions of authority from your firm’s partners and subject matter experts
  • Media interviews that result in your partners’ appearance in the press, sharing points-of-view on issues that matter to clients 
  • Information about your firm’s social impact, e.g. pro bono and DEI initiatives 

Chances are you’re already doing many of these things as part of your owned and earned media efforts. And of course, all of these activities are valuable and worthwhile even if the opportunity or desire to take your firm public never arises. But to set your firm up to communicate more freely throughout the process of going public, begin covering all these bases by ramping up your external comms strategies now. 

2. Establish Metrics for Your Business

Partnerships are evaluated differently than publicly traded firms. The American Lawyer ranks its A-List firms based on these measurements: revenue per lawyer, associate satisfaction, diversity, pro bono initiatives, and the percentage of female equity partners. Firms rank on the AmLaw 100 according to self-disclosed or estimated figures like gross revenue, profits per partner, and revenue per lawyer. This will not satisfy Wall Street.

Law firms weighing IPOs should consider a mix of metrics that your shareholders demand – which would be similar to those disclosed by most listed companies (revenue, income, and earnings per share) – and those that you want your shareholders to track as well, such as realization rate, total billable hours and utilization rates, and client acquisition and attrition rates.  

Regardless of which metrics you choose, you need to identify them before your offering, educate investors about their value and importance during the offering roadshow, and set up systems that allow you to track those metrics on a weekly basis. Weekly? Yes. Most newly public companies trade below their offering prices within six to nine months of the IPO, often because management lacks visibility into their own metrics. This can result in quarterly financial results falling short of expectations and surprising shareholders. And surprised shareholders sell stock.   

Establishing the right metrics now — and tracking them weekly — is the best way to guard against a future market flop.

3. Identify Appropriate Comps

Investment bankers always look at comparable companies when valuing an IPO. And naturally, analysts and brokers will want research on other publicly traded firms like yours in order to better understand your performance and persuade their investors to bet on you. But until several law firms go public, it will be difficult for them to find the comps they’re looking for.

This is another area where being proactive matters. Look for publicly traded firms in industries with similar models, like consulting, to give analysts and investors the comps they’ll need to evaluate your business.

4. Adopt IPO Disclosure Policies and Procedures

As a law firm, you’ll likely have a leg up in understanding the regulatory landscape that listed companies must navigate, particularly regarding the disclosure of material information. But it’s still worth mentioning that once you’ve filed to go public, leadership and other members of the firm can no longer engage in casual conversations about financial performance and news that might impact your valuation. 

According to SEC guidelines, anything your firm discloses to one person must be disclosed to everyone. And if you share material non-public information — even if it’s done unintentionally — you could be accused of enabling insider trading.

5. Ramp Up Internal Communications 

When the time comes, it will also be essential to communicate openly with employees about your IPO and protect your firm from confidentiality breaches and legal liability. 

Employees would need to understand: 

  • The rationale and business case for the IPO
  • How the shift from a partnership model to a publicly traded model will impact them
  • Specific guidelines regarding what they can and cannot say to outsiders about their work
  • Guidance on how they should answer questions they’re asked about your IPO
  • Examples of common confidentiality breaches (like sharing information with a spouse, friend or a colleague from another firm) 

Keep in mind that going public would represent a significant organizational change. To win employee buy-in and support, you must be proactive about managing the change internally. 

Going Public Requires a New Approach to Law Firm Communication 

Embarking on an IPO could be an incredibly exciting, all-eyes-on-your-firm moment. To leverage the opportunity a public offering could present, you must start planning early. 

But it’s not enough to launch successfully. You’d also have to sustain (and build on) your success quarter after quarter and year after year. And all the while, you need to communicate with a level of openness and transparency that might feel totally foreign. 

You don’t have to make this leap alone. The Greentarget team has experience helping clients navigate the IPO landscape, and we speak the unique language of partnership-based law firms. So if your firm explores going public, we’d love to walk with you every step of the way.

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If you’re looking for tangible ways to improve your PR or professional services firm’s commitment to diversity, equity, and inclusion (DEI), you’re not alone. DEI is a key business priority for a majority of C-suite executives and in-house counsel, according to Greentarget and Zeughauser Group’s 2022 State of DEI Content report — and the most frequently mentioned area where decision makers want guidance from their service providers is on how to recruit and retain diverse talent. 

That report got me thinking about what leaders could learn from my perspective garnered from wearing various hats at Greentarget: a former intern, a current senior associate and intern coordinator, an Asian-American woman breaking into a historically and predominantly white industry, and — last but not least — a member of Gen Z who, like many of my peers, prioritizes the social impact of my work and the inclusive values of my employer. 

Two years ago, I navigated a remote internship with Greentarget in the midst of the pandemic. Last summer, I returned for an in-person internship. And today, not only am I an associate serving clients in the legal and professional services industries, with a focus on media relations — I’m also a coordinator on Greentarget’s intern team, responsible for recruiting, training, and overseeing our intern classes (whose seat I was in not too long ago), as well as expanding our diversity recruiting strategy and partnerships. 

My internships played a direct role in influencing my decision to further my career in public relations at Greentarget, not only by giving me hands-on PR experience — but also by fostering a workplace with an authentic commitment to DEI, allowing me to envision myself as a team member, mentor, and leader whose perspective would be encouraged, rather than curtailed. And as value-oriented Gen Z professionals continue entering the job market, decision makers at professional services firms can and must take proactive steps to recruit and retain young talent. 

1. Demonstrate an Authentic Commitment to DEI at Your Firm

Gen Z is the most diverse generation in American history. We actively tune into DEI conversations and want to work for organizations that align with our values. And we expect employers to go beyond the performative when it comes to creating a diverse, equitable, and inclusive atmosphere. 

Tackling issues of diversity and inclusion is not easy, and it’s not about establishing quotas or simply boosting your numbers. Rather, it’s about creating a workplace culture where diverse talent wants to invest their professional energies. Getting started can feel intimidating, and DEI initiatives can and should be ongoing. But the good news is there are thoughtful ways to start embedding DEI into your culture that aren’t overly complicated or expensive. 

At Greentarget, we started a book club that gives interns and employees an avenue to explore DEI-focused topics. Reading Minor Feelings, for example  — an autobiography by Korean American author Cathy Park Hong — particularly resonated with me. Not only was I able to voice how my Asian-American identity has impacted me personally and professionally, but our whole team engaged in open discourse about the Asian-American psyche, and how we can be more culturally competent in the workplace.

If you’re looking to start a similar initiative at your firm, don’t be deterred by your level of understanding about a given identity or aspect of DEI. Initiatives like our book club are, after all, about education: providing a platform for your team to share their experiences, and actively listening for insights and opportunities to become a more socially conscious professional and person.

It’s also important to give interns a seat at the table, and for them to see employees from underrepresented backgrounds taking part in the business, including as decision makers. One way we do this is to invite interns to participate in many of the same professional learning opportunities that associates and leadership team members attend — from company-wide trainings on media relations and strategy, to brainstorms during which we discuss current events and explore new pitching angles. Of course, it’s also important for interns to see diverse employees in action, whether in client-facing roles or leading internal initiatives. Representation matters.

2. Elevate Diverse Voices Internally and Externally 

It can be challenging for people of color and members of underrepresented groups to speak up and share ideas freely at work. And frankly, it can be especially intimidating to interact with powerful (often white male) senior executives. 

This is as true for associates as it is for interns.

That’s why people in positions of power within your professional services firm should look for ways to open doors of opportunity and amplify diverse voices. This can be as simple as:

  • Asking questions and truly listening to the answers 
  • Encouraging interns and young associates to share their ideas and giving them merit 
  • Staying curious about perspectives and lived experiences that differ from your own  
  • Seeking input about ways to improve your culture 
  • Offering one-on-one mentorship and support 

It’s also important for your interns to see you promote diverse perspectives through your owned and earned media efforts. Greentarget is deliberate about representation on our own Insights page. We use it as a platform to amplify voices from across our entire organization, from our CEO to associates and interns. 

The diverse employees at your firm have unique and compelling points of view that will resonate with your audience. Use your platform to make their voices heard.

3. Provide Interns Access to Meaningful Work 

The best internships offer students a glimpse of what their professional futures could look like. So if you want your internship program to become a powerful recruiting tool that advances your DEI objectives, you need to give interns work they can be excited about.

From day one of my internships at Greentarget, I felt I was part of something bigger than myself. I was able to:

  • Immerse myself in topics that matter to society as a whole — like tax law, healthcare/drug pricing, and labor/employment law
  • Create a start-to-finish media campaign addressing corporate responses to the Black Lives Matter movement and present it to the entire company 
  • Interact with and learn from junior, mid-level, and senior members of the team 

That’s not to say I didn’t also handle lower-level tasks as an intern. After all, I was there to learn the business from the ground up. But employers can elevate even menial tasks if you share the “why” behind each one. For example, I initially overlooked the importance of the media lists I assembled — but by educating my intern cohort on the media relations process and how our work shaped this process, my mentors at Greentarget illuminated the significance of a “simple” task like a media list. 

4. Connect the Dots Between Your Firm and a Larger Societal Impact

The media and the PR industry help shape our understanding of the world around us, from business trends and political news to social issues. Consider what role the media has played in cultivating your awareness of the most pressing issues today — climate change, inflation, racial and gender inequality, presidential elections and geopolitical struggles happening halfway across the world?

When most people read a Washington Post article or watch a CNN segment, they probably don’t think about everything that occurred behind the scenes to produce those pieces. Before I entered the PR industry, I certainly didn’t. But PR professionals like us at Greentarget often play a key role in helping that work come together. 

Reporters often say to me, “My reporting is only as good as my sources.” Journalists rely on trustworthy, expert authorities — lawyers, accountants, consultants, and more — to explain complex issues in straightforward language and provide credibility for the accuracy of their reporting. PR professionals may spend weeks, even months, cultivating the reporter-source relationship behind a three-sentence quote. 

Over the two years since my initial internship with Greentarget, I gained an understanding of the end-to-end media relations process that has illuminated the value in even the most routine tasks. From helping a client articulate their unique perspective on a topic, sharing that perspective with reporters, coordinating and attending an in-depth interview, and eventually seeing our clients’ words from that discussion contribute to a tangible story, I see how my efforts contribute to the larger conversation.

So, how does this apply to you? To reach intern candidates who value the social impact of their work, highlight the larger results of their role. Remind them that when they do research to ensure the stories we pitch are rooted in fact, not fiction, we help fight fake news. And underscore the reality that when they secure a writing opportunity or a quote placement for a source with a diverse perspective, they’re giving that individual the opportunity to shape a broader public discourse. 

As a PR firm with clients constantly grappling with big issues, part of our job is imbuing big stories with their insights — and interns play a foundational role in this process. Developing a media list of healthcare publications or researching energy tax credits might not seem all that exciting or meaningful. But that media list could be used to pitch a story on drug-pricing legislation affecting millions of Americans. That research might prepare an energy lawyer for an interview about sustainable financing that could help businesses or communities tap into programs aimed at reducing their carbon footprint. 

Your interns and associates — especially those who are part of Gen Z — need to see a  connection between their work and the most pressing social issues of our day. Being part of something bigger — something that’s driving progress and change — is a significant motivating force for my generation. 

Create an Inclusive Culture Interns Want to Be Part Of

As an executive leader, you set the tone for your professional services firm. It’s up to you to establish diversity, equity, and inclusion as an organizational priority and empower your team to allocate the necessary time and resources to bring new initiatives to life.

Change won’t happen overnight, and making real strides will require sustained time and effort. But if you truly want to attract and retain a more diverse workforce: now’s the time to get started.

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It’s no secret that law firm profits and productivity slipped last year, as 2021’s legal bonanza gave way to a more challenging stretch in which many firms found themselves with too many lawyers, and not enough work to go around.

Demand for legal services dropped 1.9% in 2022 compared to 2021, while expenses increased 7.9%, according to Wells Fargo’s Legal Specialty Group. Some law firms have already laid off lawyers and staff, while others may be considering reductions.

Last year, when the war for lateral talent still raged, we recommended that firms emphasize culture over profits in their legal media interviews as a way stand out in an environment where strong financial performance was the rule.  

But as legal demand dries up while expenses climb, law firms need to adjust their messaging accordingly. Below, we outline considerations as firms prepare for those discussions.

What to Expect During the Interview

Economic uncertainty continues dominating headlines and will be a recurring theme in conversations between legal media and law firm leadership. Expect questions about how your firm plans to navigate the unpredictable financial environment in the coming year, from reining in expenses and headcount to balancing fiscal restraint with the need to invest in technology and talent.

With law firm mergers gaining momentum after a pandemic-era dip, legal reporters may ask whether your firm is open to a combination to grow headcount, expand its regional footprint and/or expand capabilities. Smaller firms and those with softening financial results should prepare for questions about potentially being acquired by larger or more prosperous firms.

The legal media knows your firm’s expenses increased last year, but you can talk about how they grew in 2022 and how you plan to manage them in 2023. On a more granular level, expect journalists to ask how your firm dealt with overcapacity last year – and how it plans to address the issue in 2023. Are you instituting programs to fill lawyers’ unused time through expanded pro bono work or business development initiatives?

Headcount Reductions

Nobody wants to talk about this. However, the legal media has widely covered the firms that have already reduced their headcounts in 2022 and 2023, and reporters will not shy away from questions around this topic.

If your firm plans to lay off attorneys and staff, make sure to announce those reductions internally before discussing them with members of the media. Keep in mind that any memo sent to lawyers and staff will be leaked – so when drafting the announcement, have your external audiences in mind, too. 

If your firm has already reduced its attorney or professional staff ranks, interviews can help contextualize those decisions by framing them around your firm’s overall 2022 performance and strategy for 2023.

Real Estate, Technology and DEI

Where and how lawyers work will also be top of mind. Hybrid and remote work continue to be topics of interest. Firms should expect questions about changes to in-office policies and whether they remain open to fully remote hires.

Reporters will likely ask about firms’ physical footprints, too. Firm leaders should plan to discuss any changes in office space, and the adoption of strategies like hoteling. If your firm has a hiring strategy for 2023, this interview offers a great place to share it with potential talent.  

Leaders should also expect questions about their firms’ technology investments. Has your firm splashed out on new software or platforms in the past year? Does your firm plan to scale back technology spending in the coming year?

Prepare for questions about potential retrenchment in other areas – including diversity, equity and inclusion (DEI), which many firms prioritized after the social and racial reckoning of 2020. Reporters may ask about what measurable progress you made against those commitments last year, and whether your firm plans to cut or pause its DEI and/or talent development initiatives amid profit pressures. Consider sharing your organization’s DEI targets and how you plan to meet those goals in the coming year.

Reflect on 2022 – And Map Out What’s Next

When preparing your talking points about 2022, think about how you would characterize the year at a macro level. Be prepared to talk about the practices, regions and industries that drove growth last year, and where your firm saw shifts in demand. This is a great opportunity to discuss notable matters from 2022, so ensure you have those details on hand.

During these interviews, firm leaders can discuss their strategy for 2023. Any major investments your firm plans for the year – office openings, new practice group focus, ancillary practices – should be shared here if possible.

Explain where the firm will focus this year in terms of practices and initiatives, as well as areas where you will be creating efficiencies. Where do you anticipate increased demand? Leaders should plan to talk about practices that may be ripe for growth, such as bankruptcy and restructuring, data privacy and security and regulatory.

With the economic outlook for the legal industry still uncertain, firms can find value in being transparent about financial results, strategic plans and cultural considerations – topics that will resonate with current employees and potential talent.

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Prior to his arrest, Sam Bankman-Fried’s attempts to explain the collapse at FTX did little to reassure or assuage his audience and stakeholders. Nor did they inspire confidence in the company’s ability to rebound from its downfall. Rather, by over-explaining his position, SBF seemed intent on proving that FTX lacks (and apparently has always lacked) any sense of organization, discipline, or accountability.

Allegations of fraud aside, among Bankman-Fried’s mistakes is his insistence on behaving like a classic tragic figure. Like Shakespeare’s King Lear or Arthur Miller’s Willy Loman, Bankman-Fried appears to be unaware of how the world sees him. Yet he can’t seem to stop trying to convince everyone that his own flawed vision of himself is just and true.

What SBF needs (or, rather, needed) is a fool, just like the fool in King Lear’s court — a brave and discerning advisor who’s close to the center of power, able and willing to speak the truth that no one else can. If you’re a PR or communications leader, you’re uniquely suited to meet this need at your organization.

What Executives Can Learn from a Fool

In King Lear, the Fool is not merely a court jester. Sure, the Fool cracks jokes at the expense of the king. But the fool is there to do more than entertain. This character sees through the artifice of the king’s self-delusion and uses irony and wit to force King Lear to look in the mirror and face the consequences of his behavior. 

The Fool is loyal to his ruler, for sure. He has the king’s best interests at heart and knows his strengths and weaknesses better than anyone. The Fool uses his position within Lear’s inner circle to try to protect the king, continually warning him of the folly of his poor decisions.

Where’s the Fool at FTX? 

In an interview with Andrew Ross Sorkin, Bankman-Fried said there was no one at FTX who challenged him. If his account is to be believed, not a single person advised him of the missteps his company was taking. No one was responsible for monitoring risk or alerting higher-ups that what they were doing was dangerous or wrong. (Of course, perhaps someone did try to speak out and SBF was simply unwilling to listen. Lear ignored his Fool, too — and it led to his undoing.)

The result? FTX is bankrupt. Bankman-Fried has resigned as CEO. He lost his personal fortune and the fortunes of others. Many of those who previously lauded SBF’s ingenuity have disappeared. And SBF has pled not guilty to allegations of fraud, conspiracy, and money laundering — underscoring his commitment to proving that his vision of himself is true.

It’s impossible to know if things would have turned out differently for FTX had someone seized the Fool’s mantle. But the lesson here is that every king (or CEO) needs someone who’s willing to play the wise Fool, especially in the face of a PR maelstrom. 

Here’s why PR leaders are uniquely suited to play this critical role. 

You Know How to Shape Messages Your Audience Will Accept

Of all the executives in the CEO’s sphere of influence, PR and communications leaders are closest to the organization’s audience. On good days, you’re the person who’s carefully crafting messages that resonate with the public and advance your organization’s strategic goals. On bad days, you know which messages stand a chance of breaking through the noise to reach and reassure your stakeholders. Therefore, you know what your audience will accept as credible, and what it will find disingenuous. 

As much as they may want to, CEOs can’t kill a negative PR story or otherwise spin their way out of a crisis. They also shouldn’t blindly take legal counsel’s advice to stay silent (although, in SBF’s case, silence would likely have been the better strategy). 

It’s your job to help your CEO communicate responsibly in the midst of any PR challenges your company may face. If you don’t believe what the CEO is saying, you know your audience won’t either. And because it’s your responsibility to protect your firm’s reputation, you have an obligation to rethink any messages that ring hollow or — worse — untrue. It’s not about doing the right thing from a moral perspective (though it is…), it’s about doing what’s best for the company’s reputation.

To play the Fool effectively, you’ll need to:

You Understand How the Firm Should (and Should Not) Respond to a PR Crisis

Following the FTX collapse, the only information Bankman-Fried offered led many reasonable people to draw one of two conclusions: either he’s a criminal or he’s profoundly incompetent. Whichever conclusion you drew, he certainly did little to repair his image, or restore the reputation of his company, or at least slow the erosion of either. 

True, he apologized. But a shallow demonstration of contrition without meaningful insight into what went wrong or what he’d do differently next time doesn’t mean a whole lot to people who’ve lost everything. Bankman-Fried provides an excellent example of how CEOs should not respond to a PR crisis. 

During a crisis, PR counselors remind their CEOs that:

  • Now’s the time to set ego aside
  • Bad stories are probably inevitable, but good PR can make bad stories less bad
  • Statements framed in default corporate-speak alienate the audience further — now is the time for authenticity and vulnerability 
  • Crises are an opportunity to fix what is broken within the organization
  • It’s ok to punch back (purposefully) against false claims, misinformation or carelessness 

PR firms have spent decades creating effective crisis communications playbooks for a reason. Your CEO might want to break with convention to share her or his desired message. But there should always be a thoughtful strategy behind the approach your organization takes.

Play the PR Fool to Direct a Smarter Conversation at Your Firm

The downfall of FTX — and SBF’s subsequent media tour  — provide an extreme example of a badly handled crisis. And though the whole situation is a train wreck you can’t help but watch, there are valuable lessons here for CEOs as well as PR professionals.

CEOs must create space for trusted advisors to tell them the truth — even the hard truths they don’t particularly want to hear. And PR/communications leaders must be willing to play the Fool — especially when, like King Lear, their CEO seems bent on folly of another sort  (whether they’re aware of it or not). 

Greentarget can help you put a PR plan in place that upholds and protects your firm’s reputation. There’s no need to speak truth to power on your own since we’re here to help.

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Executive leaders facing pressure to advance diversity, equity and inclusion (DEI) want more guidance on those efforts from their law firms and professional services providers—and say advisors must also do more to demonstrate their own DEI progress.

That’s according to Greentarget and Zeughauser Group’s first-ever State of DEI Content Report. An extension of our 2022 State of Digital & Content Marketing Survey, the report takes a deep dive into the increased demand for actionable DEI content among clients of professional services firms. Drawing on the perspectives of 200 C-suite executives and in-house counsel, the report uncovers what types of DEI content decision-makers are seeking, and the extent to which their outside firms are meeting those needs.

Our research also examines the hurdles that law firms and professional services providers face in advancing DEI initiatives at their own organizations. And we’ve paired this year’s DEI-focused results with practical guidance for marketers on how to navigate critical issues surrounding DEI to provide the guidance clients are seeking—and bolster their own DEI efforts, to ensure that content is authentic and credible.

We’re confident this year’s inaugural report will help legal and professional services organizations better understand and address their clients’ growing demand for more effective DEI content.

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If you’re an executive leader whose organization is facing a current or potential lawsuit, it’s important to consider a very important question. How do you manage the tension between protecting your firm from liability and mitigating a hit to your reputation? 

Navigating a litigious event is daunting — and there’s plenty to worry about just preparing for the legal battle that lies ahead. On top of that, a lawsuit can also pose a significant threat to your firm’s public image. And since even the perception of guilt can cause you to suffer losses in valuation and revenue, the reputational risk that accompanies litigation can ultimately cause more harm to your business than the litigation itself. 

Complicating this further, your legal team will tell you to keep quiet and avoid saying anything that could damage you in court. But your PR firm should insist that it’s crucial to get ahead of negative blowback and proactively communicate with your audience. 

Here’s why you should avoid adopting an overly conservative response — and five strategies to communicate effectively in the midst of a legal crisis.

Why You Need an Effective Comms Strategy When Facing Litigation 

Whether your firm is innocent or guilty from a legal perspective, staying silent in response to an attack on your firm’s image is not a good option. Why? In the absence of an official statement from you, your audience is much more likely to accept someone else’s narrative — or create one of their own. 

Academic research bears this out. According to William Benoit’s Image Restoration Theory, “The important point is not whether the business is in fact responsible for [an] offensive act, but whether the firm is thought to be responsible by the relevant audience” (emphasis added).

More simply put, perception is reality. So even if (or perhaps particularly if) you’ve done nothing wrong, it’s essential to communicate your side of the story to your audience. 

How Good PR Enabled a Healthcare Company to Gain Market Share

I saw the importance of managing the narrative around litigation first-hand when I represented a healthcare company that had recently acquired a new technology. When they attempted to break into their competitor’s market, the competitor promptly sued them for patent infringement in several countries.

Initially, my client’s IP lawyer persuaded them to stay silent. But the competitor was relentless, releasing well-crafted statements after every milestone decision in court. It spun every decision in its favor. As a result, my client’s sales team encountered significant resistance in the field. 

Further, the client was a publicly traded company, and its stock prices came under pressure as the competition persisted with its full-court press.

The tide turned when the client’s executive leader stepped in. He understood that even if his organization won the legal battle, it could still lose in the court of public opinion. That meant their business’s very viability was on the line — and he knew it was important to speak out.

So we set out to beat the competitor at its own game. We collaborated closely with the client’s legal team to create scenario plans for every lawsuit in each of the several countries where active litigation was underway. We charted out every possible outcome for each milestone in every jurisdiction. We drafted a press release for every outcome that would relay our point-of-view into the marketplace as soon as each milestone was achieved. 

This proactive, well-timed strategy enabled the client to maintain its customer base and eventually preserve the market share it had taken from its competitor. Thanks to executive leadership who understood the need to balance legal and reputation risk, the comms and legal teams were able to work collaboratively. Together, they addressed the compelling issues facing the company beyond the courtroom. 

5 Steps to Manage Your Firm’s Reputation During Litigation

Protecting or restoring your firm’s image as a result of litigation will take a serious concerted effort on the part of your internal team. And though a partner like Greentarget can do much of the heavy lifting to facilitate this process, your Executive Committee members, legal counsel, and other influential figures will need to come together to craft your PR response.

This will require you to take five crucial steps.

1. Conduct Scenario Planning to Plot Likely Outcomes

High-profile, complex litigation can last for months, if not years. Therefore, as we saw in the example above, one of the most important things you can do is put strategies in place to minimize the impact of ongoing negative press.

To think through every likely scenario, ask questions like:

  • What are all the possible outcomes we may need to address?
  • How severe is the reputational threat of each outcome?
  • How could each scenario potentially unfold?
  • How should we respond to each scenario?

Finally, you’ll need to gather any data or supporting information required to inform the appropriate course of action in response to each scenario.

2. Prioritize Your Audiences

The details of your litigation may not affect — or even interest — every segment within your audience. Knowing exactly who you’re talking to is crucial in getting the right message across at the right time. Therefore, it’s important to tailor your response to the audience members who truly need to hear it.

Consider:

  • What audiences have the potential to be impacted?
  • Which audiences will be most affected?
  • What is the chain of influence within the audience environment?
  • How large is the gap between current and desired perceptions within each audience segment?

Then, develop concise, quotable, factual messages based on each audience’s needs. Use supporting details, analogies, metaphors, and other storytelling devices to capture their attention and foster empathy for your message.

3. Determine Which Communication Platforms to Use

Good communication plans are customized based on your audience’s needs. In the same way, it’s important to deliver your message using the mechanisms they are familiar with or accustomed to. 

For example, you might choose to email your current clients because that’s how you normally communicate with them. Employees might expect to hear from you in an interactive town hall setting. But your investors or other key stakeholders might need to meet with you one-on-one.

Managing your firm’s reputation is too important to simply issue a one-size-fits-all message using your largest platform. Personalization is the name of the game. 

4. Identify and Prepare Appropriate Spokespeople to Deliver the Message

It’s also important to consider who should communicate your message to each segment of your audience. As an executive leader, you might be the best person to talk to the media or communicate with your board or other influential stakeholders. But there may be other spokespeople in your organization who would be more effective at reaching certain audiences.

No matter who you choose to speak on your organization’s behalf, make sure they are prepared to master high-pressure environments. Greentarget can provide coaching to ensure each spokesperson knows how to:

  • Deliver key takeaways first
  • Distill important points into memorable soundbites
  • Block unwanted questions and maneuver the conversation back to your desired talking points
  • Stay calm and poised when fielding difficult questions

Just remember: Your choice of spokesperson is also a message. Carefully think through how each audience segment will feel about hearing your message from your chosen representative.

5. Put a Rapid Response Team in Place to Fill In Any Gaps 

There are natural news events built into any litigation (e.g. filing of the complaint; subsequent motions; the verdict). In the scenario planning phase, you created a planned response for each one. 

Still, unforeseen situations are bound to arise. And when they do, it’s vital to have a team in place that’s equipped to respond quickly.

Your rapid response team should actively listen and monitor the situation at all times. By having an ear to the ground, you can stay ahead of any curve balls potentially coming your way.

Bring PR and Legal Counsel Together When Facing Litigation

Although PR and legal counsel approach the challenges of litigation from opposite sides, they ultimately want the same thing: to protect your firm from harm. Since lawsuits typically stem from — or result in — a reputational crisis, your PR strategy and your legal strategy must be linked.

Staying silent in the midst of a crisis is rarely the best option, but you also don’t want to say the wrong thing. To that end, crafting an effective communications strategy in response to high-profile litigation undoubtedly requires expert guidance and support.

That’s why it’s essential to surround yourself with experts who’ve navigated these challenging circumstances before. Greentarget has helped numerous clients direct a smarter conversation throughout the course of litigation. We’d love to help you, too. Just reach out.

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