PR Technique - Mar08

Get Acquainted With litigation PR

What does law have to do with businesses and even PR - former litigation lawyer turned PR practitioner shares tips.

‘Trial by media' is now a common phenomenon and litigants can no longer run away from advocating their case in the court of public opinion as well as the traditional court room in Singapore

When NKF first decided to sue Singapore Press Holdings (SPH) for a The Straits Times (ST) article published in April 2004, they must have thought they were merely enforcing their rights under the law of defamation. However, on 12 July 2005, after only two days in court, NKF and Thambirajah Tharmadurai (T.T.) Durai had dropped the defamation suit against SPH. In an interview with ST published on 13 July 2005, Durai told reporters after dropping the defamation suit that "he did not think the case would have much impact on the public."

We now know otherwise.

The impact made by the defamation suit was of such magnitude the ripples are still felt three years after.

If what happens during a trial can be kept inside the walls of the courtroom, then there will be no need for this discussion. However, like in the case of the NKF defamation suit, trials are reported and come under the scrutiny of the public with the assistance of widespread media coverage and the network of online websites and blogs. And once they are in the public's domain, it is difficult to avoid having to deal with the publicity.

Clients always ask one question when they first speak with us, "Can public relations help me to persuade the judge?" The answer is a resolute "No". The lawyers help litigants persuade the judge. That is the duty of one's lawyer.

Be that as it may, there is much space and reason for litigation PR. There are many benefits publicity can do for a litigant. As for bad publicity, the harm it can bring to a litigant is limitless. Good publicity can give litigants an upper hand in negotiation or mediation, whilst bad publicity sometimes forces parties to settle the matter. Bad publicity from a litigation matter can also cause the share price of a listed company to dive; or a boycott of the litigant's goods and services; or result in an individual losing his job subsequently.

Litigation PR is a dynamic new addition to the litigation scene in Singapore. And it involves more than just answering a reporter's question at the door of the Supreme Court or taking a television interview at the steps of the Subordinate Courts. It is wrong to think that litigation PR should be given thought only when the case "blows up" or until the matter goes to trial.

In modern context, it is widely accepted that PR is a management function which deals with communications with the ‘public' and to that extent, ‘public' is the target audience group that matters to the organization. Thus, litigation PR involves more than dealing with the media. The audience that matters to the litigant may stretch beyond the media, especially when dealing with complex issues and myriad ramifications. And if this is the case, the communications plan must also include specific strategies to communicate with customers, employees, investors, shareholders and other stakeholders of the litigant.

TIPS:

• There is no one standard communication package that will fit every litigation matter. Consider when to speak to the media, how much to divulge, through what vehicle and technique

 

• During trial, provide journalists with what they need to keep up with court proceedings on a daily basis

 

• Provide a simple outline of the role each party plays in the trial and the dates each witness is estimated to go on the stand

 

Cho Pei Lin

Director for Litigation PR Practice Group

Asia PR Werkz