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Seven tips for surviving litigation with your reputation intact

Lisa Poulson / July 3, 2018 / Communication /

Communication Crisis

Maybe it’s because I’m reading Brotopia, Emily Chang’s book about sexism in the technology industry, maybe it’s because I recently did an Ask Me Anything about crisis communications with the fabulous Paul Wilke of Upright Position Communications. For whatever reason, I’ve got crisis on my mind.

I spent a good chunk of my communications career managing PR around high-stakes litigation. There’s no communication challenge quite like a lawsuit – which some of our misbehaving tech bros might find out soon enough.

Here are a few lessons on protecting your reputation through the chaos of a lawsuit:  

  1. Be prepared for surprises! You might first learn you’re being sued through a tweet – before the filing even reaches your lawyer’s desk. You need a neutral ‘holding statement’ for the press while you and your legal team formulate a response. Something as brief as “We’ve received the filing and we’re reviewing it now” is way better than “No comment.”
  1. Lead through the storm. Litigation makes everybody nervous – who knows what the jury will do? You must be both reassuring and firm with employees, customers, investors, partners – with everyone who fears how the lawsuit might impact them. It’s exhausting, it’s distracting, and it’s absolutely necessary. Panic is contagious, but so is calm. Model calm.
  1. Be patient, gracious, accessible. Your employees are getting embarrassing questions at the grocery store. Amp your employee communication up during litigation, not down. Your customers and your investors pick up gossip and then make nervous calls to your sales and investor relations teams. Take time to reassure key customers and investors face to face.
  1. Balance needs. Your litigators may want to argue that you and your company are being destroyed by the litigation, your salespeople want to reassure customers (in writing) that everything is fine. Bring everyone to one table to thrash out who says what and where they’ll say it before anyone acts.
  1. Credibility is everything – no really, EVERYTHING. Build and protect your credibility in every communication around the case. Litigation guarantees opposition – many bad things will be said about you and your company. Admit your weaknesses. Be the first to broadcast your mistakes. If you don’t, everyone else will anyway. Better to take control.
  1. You can’t hide your dirty laundry. You’ll know what evidence the other side has. Prepare your responses. Maintain your composure while being ceaselessly questioned about ugly evidence by opposing counsel and by the media!  Be clear, be consistent, be gracious and above all, be good humored. Your non-verbal cues say everything.
  1. 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 major lawsuits go through years of appeals and ancillary actions. Remember to reassure and build trust whenever you communicate to your most vital audiences – your employees, your customers, your investors.

Exceptional leaders who admit their mistakes and communicate consistently through the most stormy times may actually improve their reputations. Those who don’t, don’t.  

 

Your business must scale, and you must scale with it. Great communicators create the change they want to see in the world. poseycorp helps innovators build powerful messages and the skill to deliver them so they can break through the noise and be heard! Click here to receive pragmatic communications advice in your inbox every month.

poseycorp’s next Ask Me Anything About Communications is Friday, August 3rd at 9 am PDT. This month, we’re talking about What Not to Do!. Click here to register!

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