Communicating around a live case is the most constrained work in public relations. Professional conduct rules restrict what lawyers involved in a matter may say publicly, privilege can be affected by who is in the room, and anything said can be used in the proceeding. The communicator works to the lawyers, not alongside them.
The trial publicity rule sets the boundary
Model conduct rules restrict statements by a lawyer involved in a matter that would have a substantial likelihood of materially prejudicing the proceeding, while permitting a limited set of factual statements and a proportionate response to publicity the client did not initiate. States adopt their own versions, so the boundary is a legal judgement made on that matter.
Privilege and the consultant
Communications with a public relations consultant are not automatically privileged, and how the consultant is engaged can matter to whether legal advice discussed with them remains protected. This is a question for counsel at the point of engagement, and it is one that firms discover too late more often than they should.
Silence is a position, and it has costs
Declining to comment is often correct and it is rarely free, because the other side's account becomes the only one available. The choice between saying nothing, issuing a narrow factual statement and responding fully is a legal and commercial judgement that should be made deliberately rather than by default.
Plan for the whole arc
Filing, motions, hearings, verdict and appeal each produce a moment, and employees, customers, investors and regulators are watching alongside the press. A plan written at the start, naming who speaks and what is said at each stage, is worth far more than a scramble at each development.
Questions people ask about litigation public relations
Can a company comment on its own litigation?
Within limits, and the limits differ for the party and for its lawyers. The conduct rules restrict the lawyers specifically, and anything said can be used in the proceeding.
Are communications with a PR consultant privileged?
Not automatically. How the consultant is engaged can affect it, which is why the engagement should be set up by counsel.
Should a company respond to a claimant's press campaign?
The rules permit a proportionate response to publicity the client did not initiate. Whether to use it is a judgement made with counsel, weighing the proceeding against the reputational cost of silence.