When a legal dispute plays out in public, effective litigation communications require a shared objective, coordination between counsel and communications professionals, and an understanding of how different audiences encounter the story. Public statements, media coverage and even internal strategy discussions can affect both the litigation and the client’s reputation.
In the article “How Did It End Like This?,” published by The Trial Network, Poston Communications’ Andrea Christman and Briana Willson examine the litigation involving Blake Lively and Justin Baldoni to identify six lessons for trial lawyers and in-house counsel.
What can lawyers learn from Lively v. Baldoni?
- Define the endgame before engaging. Agree on the client’s desired outcome and assess whether litigation and public statements will help achieve it.
- Write strategy messages with discovery in mind. Texts, emails and internal discussions can become evidence – and shape the public narrative.
- Understand where your audiences get their information. Jurors, regulators, employees, investors and customers may encounter very different versions of the same dispute. Communications planning should account for those differences.
- Assess the client’s existing goodwill. A client’s reputation before a dispute influences how audiences interpret allegations and responses. Consider that starting point before choosing a public strategy.
- Anticipate what allies’ statements – or silence – may communicate. Third parties can influence public perceptions even when they say nothing. Their potential involvement belongs in the communications plan.
- Coordinate PR through counsel and establish clear ethical boundaries. The authors recommend that counsel retain and direct communications advisers to align legal and communications strategy. Privilege protection depends on the circumstances and jurisdiction; it is never guaranteed.
The full article explores how these lessons apply to reputation management, litigation strategy and the working relationship between lawyers and communications advisers.
Read “How Did It End Like This?” — Read and download the full article here.
Andrea Christman is a managing director at Poston Communications, where she counsels law firm and corporate leaders on complex crisis, litigation and strategic communications matters. Her work spans crisis communications, litigation PR, reputation strategy and media relations, with a focus on protecting institutional credibility and supporting long-term growth and resilience.
Briana Willson is a third-year student at the University of Minnesota Law School and a crisis intern at Poston Communications, where she helps organizations prepare for and respond to crises and reputational challenges.