Litigation PR is the practice of managing public communication around a lawsuit so that a company's reputation is protected without harming its legal position. It works only when the PR team and the lawyers agree in advance on what can be said, who says it, and when. Silence lets rumors set the story, while a careless statement can be used against the company in court.
Why does a lawsuit need a communications plan?
A lawsuit needs a communications plan because the public, customers, employees and reporters form opinions long before a verdict. A company can win in the courtroom and still lose trust if the only account of the case came from the other side.
Lawsuits are public records, so reporters can quote the complaint on the day it is filed. A company that has prepared a short, accurate response can place its position next to the allegations from the first story onward.
How do PR and legal teams work together?
PR and legal teams work together by agreeing on a single set of approved statements before anything is said publicly. Lawyers own the legal risk and PR owns audience and timing, so every statement needs sign-off from both.
- Name one lawyer and one communications lead who approve every public statement.
- Write a short holding statement for each likely event, such as the filing, a ruling and a settlement.
- List the questions reporters will ask, and decide in advance what the company can and cannot answer.
- Route all media calls to one spokesperson so the answers stay consistent.
Does hiring a PR firm put attorney-client privilege at risk?
Hiring a PR firm can put privilege at risk, because sharing confidential legal advice with a third party may waive attorney-client privilege. U.S. courts have reached different results on whether communications with a PR consultant are protected, so the answer depends on the facts and the court.
Ask your lawyers before any legal strategy is shared with a communications firm. Many companies have outside counsel retain the PR firm so that its work supports the lawyers' advice, and counsel should confirm that approach for the jurisdiction. This page is general information, not legal advice.
Should a company comment on pending litigation?
A company should comment on pending litigation when silence would leave a damaging account unanswered, and should keep the comment short, factual and cleared by counsel. A sound statement says that the company takes the matter seriously, states its position in one sentence, and says it will respond in court.
| Stage | Communication goal | Main risk |
|---|---|---|
| Before filing, when a claim is expected | Prepare statements and brief leaders | A leak or a rushed response |
| Filing of the complaint | State the company's position briefly and calmly | Statements that contradict later court filings |
| Discovery and motions | Keep customers and staff informed in plain terms | Comments that reveal strategy |
| Trial | Respond to coverage within court rules | Statements that violate a gag order or influence jurors |
| Ruling or settlement | Explain the outcome and what changes | Declaring victory or defeat in terms the record does not support |
Lawyers who speak publicly face their own limits. The American Bar Association's Model Rule 3.6 restricts a lawyer's public statements that could prejudice a trial, with a narrow allowance for statements needed to answer publicity the lawyer's side did not start. State rules differ, so check the rule that applies to your counsel.
Who needs to hear from the company?
Five audiences need to hear from a company during litigation, and each needs a different message.
- Employees need to know what they can and cannot say, and to hear it from the company first.
- Customers need reassurance that service and safety continue.
- Investors and lenders need facts about financial exposure, cleared with securities counsel for public companies.
- Regulators and partners need to hear about the case before they read about it.
- Reporters need a single contact and a short, accurate statement.
How do you measure litigation PR?
Measure litigation PR by whether the company's position appears in coverage and whether trust holds with key audiences.
| Measure | What it shows | How to track it |
|---|---|---|
| Share of articles that include the company's statement | Whether the company's side is heard | Review each article about the case and tag it |
| Accuracy of key facts in coverage | Whether corrections are needed | Compare coverage with the approved fact sheet |
| Customer and employee sentiment | Whether internal and customer trust holds | Track support tickets, surveys and attrition |
| What AI tools say about the case | How the case appears in search answers | Run fixed prompts monthly, as in AI brand monitoring |
How do you choose a litigation PR firm?
Choose a litigation PR firm by checking four things before you sign.
- Ask for named legal or litigation matters the firm has handled that you can verify, within what its confidentiality terms allow.
- Confirm that the firm will work through your counsel and respects privilege.
- Test its judgment on when not to speak.
- Reject promises about court outcomes, because no PR firm controls them.
5W's litigation PR and legal tech PR practice describes its approach. The wider crisis material is in the crisis communication plan, the Crisis Statement Template and the Crisis Communications Library.
What should a company do first when a lawsuit is likely?
A company should do three things first: name its lawyer and communications lead, write the holding statement for the filing and the outcome, and brief employees on who may speak. Then ask counsel how any PR firm should be engaged to protect privilege.
FAQ
What is litigation PR?
Litigation PR is public relations that manages communication around a lawsuit, working with the company's lawyers so that reputation is protected without harming the legal case.
Should a company stay silent during a lawsuit?
Not always. Silence can let the other side's account stand, but statements can also create legal risk, so every statement should be short, factual and cleared by counsel.
Is communication with a PR firm protected by privilege?
It may or may not be, because courts have decided differently. Ask your lawyers before sharing legal advice with a PR firm.
Originally published June 2020. Rewritten October 2026. Legal points are general information and should be confirmed with counsel.