Disturbing But True: Roughly 40 percent of Americans believe that if a lawsuit is filed, the defendant must be guilty. Litigation communication can help companies avoid facing that bias by inoculating them against forthcoming allegations. A clear and consistent communications strategy mounted before litigation begins can effectively present the company's side of the story. Communication can make outrageous or sensational allegations unbelieveable, build public support and let trial lawyers know that the defendant means business.

Equally Disturbing, Equally True: Sixty percent of the public (i.e., the potential jury pool) believes defendants are guilty -- before anyone sets foot in a courtroom -- if their lawyers respond to journalists' questions about a lawsuit with "no comment." Plaintiffs' attorneys know very well that pretrial publicity is their greatest weapon. Defendants should take a leaf from the trial lawyers' book: Once a suit is filed, having a strategy in place, and having spokesmen already primed to advance that strategy, can give a company a significant advantage in the court of public opinion.

And the court of public opinion is where companies can suffer the greatest damage. Clients can win in court but lose anyway -- in terms of their reputation, image and sales. Litigation communication can ensure that the company's messages are heard and understood before, during and after trial -- whatever the court verdict.