China question: How can I win the PR battle in litigation?

The domestic perspective

In today's fast-paced information society, public relations play a positive or negative role not only in commercial businesses, but also in legal practice involving litigious matters. When something unfortunate happens like the PR situation in this case, it is critical to handle the situation properly and mitigate negative publicity. This removes the uncertainty of people involved directly or indirectly, such as the judge and the public.

The first thing to consider when initiating litigation is local protectionism. Admittedly, local protectionism has not been completely eliminated in China. In some areas, governments still hold a very strong protective attitude toward local companies, especially against outside competitors or adversaries. This means local protectionism is always a big challenge when starting proceedings in China. In practice, the first option available is to challenge the jurisdiction of the local court hearing the case at the beginning of the trial. As an old Chinese saying goes: “Among the 36 choices, the best policy is to get away.” Challenging the jurisdiction of the local court may lead to a change of the court hearing the case, allowing the company to “get away” from the PR influence. However, in certain circumstances, some cases are subject to the exclusive jurisdiction of local courts. For the most part, the place of jurisdiction over cases is open to many possibilities, providing an opportunity to minimise the PR influence of the local company.

If the PR influence of the local company is overwhelming and the litigation cannot be conducted in a fair manner, we will need to turn to an excellent local lawyer for help. Because of the profession, expertise and experience of a local lawyer, the judge hearing the case may be more willing to consider and accept their opinions. On the other hand, we can focus our PR campaign in the local area on a different target from the local company. As a big taxpayer, a big employer and an influential company in the local area, the PR influence of the local company will be mostly focused on the local government. In response to that, our PR campaign would be aimed at justice. For example, the judicial system of the local area, which can offset negative publicity and enable the local court to balance the interests of both parties involved.