The country, in the last two years, has seen an unprecedented wave of crisis involving high and mighty from the corporate, political and public class. Be it 2g and coal imbroglio, mining swindle, Adarsh, DLF Vadhra nexus, Shardha chit fund, NSEL, IPL spot fixing, Asaram and many others, the most gripping fact prevalent in all crisis is the role of public at large which forced the judiciary and government to take action.

People today feel empowered with large amount of information readily available in the public domain through print, online and electronic media. They are willing to voice their opinion on all matters of public interest. In such a conflicting scenario, amplified with fostering of negative opinion, no business, industry or an individual holding important profile is immune to crisis.

Crisis has increasingly become the fodder of news coverage with the rise of new sources of news, 24 hour electronic coverage, internet blogs, social media, and other emerging technologies. Research shows that close to 1000 news stories are written each day by media outlets on various crisis around the countrymost involving businesses or other organizations.

A crisis invariably brings along with it a huge reputational loss. The first 72 hours of any crisis can result in millions put at stake in revenue & reputational damage. The concern is bigger if the organisation is a stock listed entity on any of the bourses. To add to the woes a flurry of litigation follows the crisis. With their reputation shattered, organizations and individuals fight a battle on multiple fronts. They face trial not only in the court of law but also in the court of public opinion.

The prejudice that media creates in the minds of stakeholders can well be seen inside the court of law as well. The never ending twenty four hour media and its quest for breaking news coupled with social media outburst is redefining the litigation landscape. All manner of crisis and legal disputes are now subject to public scrutiny. Ultimately, this public attention can mean the difference between success or failure-not just for the lawsuit itself, but for the company’s reputation and its future.

In the wake of media led trials, the legal profession has particularly been facing significant challenges. Lawyers and litigators are pursuing newer ways to thrive in the new environment in order to add value to the clients. Clearly, the new dynamics demand stakeholder communication being embedded in the legal strategy in order to contain the reputational loss faced by the organization or an individual. ‘No comments’ is certainly out of order and is often assumed to be acceptance of guilt.

The stakeholder communication, or simply put as ‘litigation communication’, offers a prospect to lawyers and litigators to address the new rules of engagement to contest a battle outside the court of law which has large ramification on the case being fought in the court of law. It is pertinent to note that during times of crisis people want information. People like to hear and spread news about conflicts, disputes and controversies. They turn to news source to find out what is happening. This makes an organization or an individual’s conduct a matter of public and media scrutiny.

Litigation Communication works to control the dialogues taking place outside the courtroom and protect reputation. Lawyers turning a blind eye to the negative environment building up outside the courtroom put themselves and the client at a disadvantage from the very start. You are held guilty even before the trial concludes. The old school thought of ignoring public opinion just don’t work in this information age.

The litigation communicator takes steps to defend a client’s reputation in the court of public opinion, just as a lawyer works to avoid the adverse consequences in the court of law. Litigation communication assists the lawyers in the court of public opinion that the client does not deserve to be tried. The guiding principle of litigation communications is to work in tandem with the overall legal strategy, however focused in the court of public opinion.

While not every case will wind up on the front page of the Times of India, communication planning during litigation needs to begin much earlier in this media saturated environment. Waiting until a case blows up is probably the worst time to begin communications planning.. Litigation communication practices are put in use well before the case ever makes it to the trial. The majority of conflicts or crisis are resolved and settled before it reaches the courthouse. Litigation communication helps placing facts to the stakeholders, most importantly to the media, and decodes legal juggleries to ensure that complex legal positions are not misinterpreted. Don’t we always fret over a ludicrous reporting on a crisis or a legal matter that we read in the newspapers!

An effective litigation communications strategy works to enhance overall legal efforts. The aim of litigation communication is to ensure that the client is heard beyond the courtroom, while abiding by the rules and regulations of the court of law.