Don’t let the tale wag the dog

Dialogue iStock 000009191235XSmall 146X219Magnus Boyd looks at the key issues that arise for local government bodies when trying to manage their reputation during litigation.

Litigation is, unfortunately, a fact of local government life these days. Whether it arises from taking steps to counter fraud, defending a personal injury claim or accusations in an employment tribunal, dealing with a regulatory investigation or suing over a breach of contract, a strategy to deal with the reporting that inevitably surrounds the legal process will be required.

Head above the parapet

Even with a strong case, many organisations, whether public or private, are reluctant to take action to protect legal rights. This results from concern about how they might be characterised by the press or the risk of garnering unwanted media attention generally. But this is a misconception. Litigators with experience and understanding of the media and how journalists investigate and report stories can prove invaluable - not only in the legal process itself, but in supporting local authority clients allowing them ultimately to take decisions about when litigation might be warranted based on fact instead of fear.

Silent harm

If litigation is pursued, or where an organisation finds itself defending litigation, another important consideration is the risk of harm through not speaking out. Often it is the lack of information that convicts an organisation in the public eye rather than the legal process. Too often this in itself leads to parties involved in the process feeling uncomfortable about managing messages surrounding litigation: why it is necessary to sue and what is at stake?

Making media attention work

In fact, managing media attention both before and during any legal dispute or regulatory investigation is crucial to protect reputation… regardless of the outcome.

Managing litigation communications can take place in many different scenarios - from counteracting negative publicity and getting a council’s viewpoint into the public domain, to safeguarding balance and fairness in the media’s coverage. It can also involve helping the press and public understand the legal issues to prevent misconceptions forming, and coordinating the reporting surrounding an investigation.

Outside of the broad public arena, managing communications around litigation may also include justifying the decision to litigate to the various stakeholders and, crucial for local authorities, explaining why public funds are being spent to defend a case. It can also entail managing media interest during a trial or investigation hearing and picking up the pieces - restoring a reputation and building bridges.

Collaboration

Lawyers dealing with this area - either internal legal teams or external consultants - need to ensure that they have an overview of the litigation process and combine this with an understanding of the media issues surrounding each stage of litigation, including the hot spots that will attract press attention.

As indicated above, fear of losing the public relations battle often deters local authorities from asserting their legal rights and protecting themselves. Council members feel at the mercy of regulators, disgruntled residents or ex-employees with an axe to grind even when they have behaved properly and should have nothing to fear from litigation. However, collaborative legal and communication experience can be used to support the litigation, protect reputation and manage the public’s perception of the outcome - whatever it might be.

The overall message is: don’t let the tale wag the dog - make decisions based on what is right for your local authority and not what you might be afraid of.

Magnus Boyd is a Legal Director at Hill Dickinson. He can be contacted on 020 7280 9309 or This email address is being protected from spambots. You need JavaScript enabled to view it..