Understanding the Intersection of Litigation and Public Relations

Understanding the Intersection of Litigation and Public Relations

In an episode of On Record PR, Phil Goldberg, Office Managing Partner at Shook, Hardy & Bacon’s Washington D.C. office, discusses the strategic importance of messaging in high-stakes litigation. With over 25 years in public policy and public relations, Goldberg highlights the evolving intersection of legal, public relations, and government affairs as critical in managing high-profile cases.

In the discussion, Goldberg identifies a significant shift in U.S. litigation: much is now waged in the “court of public opinion” through PR and government channels. As third-party litigation funding grows, plaintiffs’ firms increasingly use targeted advertising to build cases against major corporations, altering public perception and potentially influencing outcomes before a trial begins. This new dynamic requires companies to align legal, communications, and government affairs strategies to counteract aggressive plaintiff messaging.

According to Goldberg, a coordinated, multidisciplinary approach is key. Lawyers, PR specialists, and government affairs professionals must collaborate closely to craft cohesive, compelling narratives. He shares how, in some cases, briefs themselves serve as persuasive tools for both judges and the public, providing carefully vetted statements to ensure consistent, defensible messaging.

Goldberg also underscores the risks of “no comment” responses in litigation, as they often appear defensive. He advises managing partners to provide thoughtfully crafted statements to avoid ceding the narrative to the opposition.

The key takeaway from this interview: a proactive, integrated litigation strategy that leverages legal, PR, and public policy expertise strengthens a company’s legal stance and fosters public trust, which is increasingly critical in high-profile cases.