This week poseycorp’s working remotely at the Utah State Bar Summer Convention in sunny Coronado, California. Mostly because that’s where my Dad is this week, and I want to be where he is! Besides, I like being surrounded by lawyers, having spent a good chunk of my communications career focused on high-stakes litigation. There’s no communication challenge quite like a lawsuit.
So, herewith, a few lessons for leaders communicating during litigation (which you’ll see can apply to almost any situation!):
- Be prepared for surprises! Companies often first learn they are being sued through a reporter calling for comment or a tweet –before the filings even reach the General Counsel’s desk. Every organization needs a crisis communication plan that includes litigation. It’s vital to acknowledge the suit with a ‘holding statement’ while the legal and executive teams formulate a response.
- Lead through the storm. Litigation makes everybody nervous, because it’s high consequence with less control – who knows what a judge or jury will do?? An executive leading a company through litigation has to be equal parts reassuring and firm with employees, customers, investors, partners – with everyone who thinks or fears the lawsuit might impact them. In a major lawsuit the CEO and General Counsel share a mantle that must cloak the fears of every person connected with the action. It’s exhausting, it’s distracting, and it’s absolutely necessary.
- Ensure that your team is patient, gracious, always accessible. If YOU think your case is complicated, imagine how outsiders feel. Very few journalists actually want to cover your lawsuit – they’re doing it because they have to. But if they have to, they want to do it well. Empathize with them, and create easily accessible resources for them. Your employees are getting asked embarrassing questions at the grocery store. Amp up your employee communication. Your customers and your investors pick up gossip on Twitter, glance through the press and get even more confused about the case. Empathize with your sales and investor relations teams who are getting those nervous calls – give them the resources they need. Take extra meetings to reassure key customers and investors face to face.
- Balance needs. Your litigators might want to argue that your company is being destroyed by the litigation, your salespeople want to reassure customers (in writing) that everything is perfectly fine. As the CEO, you may not want your embarrassing e-mails to be entered into evidence, even if it is the best thing for the case. Conflicts will surface throughout the case. Effective leaders bring everyone to one table to thrash out conflicts and agree before each strategy decision.
- Credibility is everything – no really, EVERYTHING. Build your credibility carefully and deliberately. Protect it. Not just from the stand and in your declarations – protect your credibility in every communication around the case. Litigation guarantees opposition to your message and your point of view. In a case of “he said/she said,” credibility is all you have. Admit your weaknesses, and be the first to broadcast your losses and setbacks. If you don’t, everyone else will anyway, and you’ll lose your vital credibility – yours, your company’s and your spokesperson’s. You’re responsible for all of it.
- Your dirty laundry is as dirty as the other guy’s. Count on embarrassing evidence. Your opposition will reveal your company’s embarrassing documents with glee. A lawsuit may produce a winner, but almost never a winner who remains unbloodied. Maintain your composure – both while the evidence is being presented and while you’re being ceaselessly questioned about it afterwards! Be honest, be clear, be consistent, be gracious, be friendly, and above all, be good humored. Your non-verbal cues are sometimes more important than what you say when you’re getting questioned about ugly evidence.
- It isn’t over when it’s over. Finally, even in the case of total victory, some of your key audiences may still be bruised and traumatized from the suit. And of course most major suits go on through years of appeals and ancillary actions. Remember to build on the themes of reassurance and building back trust whenever you communicate to your most vital audiences – your employees, your customers, your investors.
Litigation may be highly public and dramatic, but any crisis or strategy change in your business deserves the same leadership, the same attention and the same commitment. Exceptional leaders communicate best through the most stormy times.
Communication is the essential last mile in finding and motivating the right teams, acquiring strong allies, powerfully bonding with customers, and capturing mindshare with compelling stories. Nothing will serve you and your vision better than developing exceptional communication skills.
