Defamation, Litigation & Reputation: Why Legal Strategy Alone Isn't Enough

If you find yourself at the centre of legal proceedings, the courtroom is not the only arena to tackle.  There is also the 'court of public opinion'.

Naturally, a plaintiff or defendant is focused on the best possible legal outcome. However, individuals or a business at the centre of legal proceedings must also consider the lasting impact that legal proceedings can have on their livelihoods, commercial relationships and reputation.

A legal strategy alone does not always consider a plaintiff, defendant or accused’s long-term reputation or the impact litigation may have after the final orders are made. Long after a matter concludes, the business or the individual involved in the matter may still be viewed negatively as a result of media coverage. This highlights the importance of media and reputational management. Whether a client is successful or not in court, your communications strategy must be part of your overall legal response.

When Legal Disputes Becomes News

When a legal dispute becomes public or involves high-profile individuals or companies, journalists from TV, radio and print media often begin contacting people associated with the matter.

Legal affairs are juicy media stories - much to the detriment of the people involved. It is therefore paramount that lawyers and communications professionals work together to ensure consistency in any public statements released. A statement made to the media that contradicts the legal position or inadvertently concedes an issue may have a prejudicial impact.

Legal Letter vs Media Statement

When a high-profile dispute hits the press, an individual or business may be put in a position where they need to weigh up whether to issue a media release, send a legal letter or do both.

 So which is preferable? It depends.

If the objective is to urgently address a legal issue or protect confidential information, a legal letter may be the most appropriate response. However, if the aim is to shape public perception and manage reputational damage, a carefully crafted PR statement might be more effective. In some cases, both need to be done in tandem.

The decision between these approaches requires careful consideration of multiple factors, each with legal advantages and risks. Legal letters, including formal concerns notices under the Defamation Act 2005 (NSW) serve a unique legal function that public statements cannot. They fire a warning shot to the other side and signal an intent to commence proceedings.

Importantly, this is not limited to defamation matters. Legal issues across all fields risk becoming public fodder impacting individuals and companies. From plaintiffs commencing legal proceedings to defendants being on the receiving end of someone else’s legal “rocket” having both ‘courts’ covered is crucial.

Public Statements and Media Management

Public statements can be an important factor in a legal strategy, as they can swiftly correct public narratives that legal letters cannot.  As legal proceedings often move slowly, timely media management and press statements can be paramount to protecting an individual’s or company’s reputation and livelihood.  

These statements allow individuals and organisations at the centre of a dispute to shape narratives and influence reporting. This is especially so in high-profile disputes that attract significant media attention. Strong media relationships can help to provide accurate information, preventing speculation and inaccurate or one-sided reporting.

Media Management and Crisis Communications

Legal and communications teams should determine clear decision-making protocols and a uniform approach. Establishing a point-of-contact to field media enquiries can prevent mixed messages and accidental leaks from a legal case making the media.

Media professionals can work alongside lawyers to establish proactive and reactive approaches by backgrounding and working with journalists.  The combination helps provide an element of control when legal documents are released to the media by the courts, or journalists are reporting on evidence witnesses.  A communications specialist will manage the influx of media inquiries, allowing lawyers to remain focused on the legal steps.

Media coverage can sometimes be more damaging than the original legal dispute.

The BlackBay Lawyers Difference

Litigation often attracts media attention, however lawyers and communications professionals can work together. BlackBay Lawyers not only specialises in litigation and defamation matters but also has in-house media specialists with decades of experience in journalism, media strategy and crisis communications. This means we can help you seamlessly navigate both the legal and public arenas.

This article contains general information only and is not intended to constitute legal advice. You should not rely on it as a substitute for legal advice specific to your circumstances. If you require legal assistance, please contact BlackBay Lawyers or another qualified legal professional.

ABOUT THE AUTHOR

Naomi Shivaraman  has been an award winning journalist and producer for 25 years. She joined BlackBay as the team’s Legal Affairs Strategist, a role created to utilise her combined legal and media strategy skills, helping clients and stakeholders navigate the court of public opinion.

Not only does she assist the team in a paralegal capacity on complex litigation matters, but she also provides reputational, media and communications counsel. For the past few years, Naomi has combined her law studies with a full-time career. Naomi will finish her Bachelor of Laws degree at Macquarie University next year.