All about client reputation

Digital media, growth in class actions and a rise in cross-border disputes has made protection of a client’s reputation increasingly important, lawyers believe. Yet the use of specialist public relations (PR) consultants remains low.

Three-fifths of respondents said they consider reputational impact when advising clients and more than three-quarters agreed litigation PR is necessary in a client’s legal strategy, in a Byfield Consultancy survey of corporate counsel, law firm partners, silks, litigation funders and public relations (PR) advisors. However, only eight per cent said they always involve external PR consultants when advising clients.

Byfield highlights in its report, Finding the right line: litigation PR in an evolving dispute ecosystem, published last week that while reputation has always been an important consideration during litigation, several factors are increasing demand. These include the growth in class actions, the speed of news stories in the digital media era and the increasing volume of cross-border disputes, where ‘it is key for litigators, clients and PR advisers to be familiar with the nuances in media culture, litigation practices, reporting restrictions and PR approaches across several jurisdictions’.

Most of the respondents also agreed environmental, social and governance (ESG) will be a dominant theme in future disputes, which adds an extra layer of reputational risk as non-ethical conduct will play out on a public stage, affecting a business’s ability to acquire investment and talent.

While the litigation PR sector is well established in ‘litigious societies’ such as New York, this is not the case in areas newer to dispute resolution, such as Dubai, where clients and the press are more conservative.

Gus Sellito, co-founder of Byfield Consultancy, said: ‘With the increase of media interest, particularly in areas of conduct and ESG, companies and others who are involved in disputes will need to manage the narrative around these “clickbait” issues. Litigation PR will be more important than ever as these issues begin to take centre stage.’