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Barristers are not obliged to speak to the media and must be wary of appearing to promote themselves when doing so, the Bar Council’s ethics committee has reiterated in an updated note.
The committee reminded barristers that since the removal of the prohibition in April 2013, they are permitted to talk to the media ‘generally and in respect of concluded litigation’ in which they acted, subject to their general professional duties.
But pointing to guidance from the Bar Standards Board (The BSB Handbook: gC22 and Media Comment Guidance), it noted that they are under ‘no obligation’ to do so and that it is not a legal service and does not form part of barristers’ duties to act in the best interests of any of their clients.
As such, it warned that barristers may not be insured against any consequences of expressing a personal opinion to the media. The BSB also reminded barristers of the risk of liability in contempt, defamation or malicious falsehood that can arise personally, or for the lay client.
Barristers were advised to consider the following before speaking to the press: the nature and type of proceedings; the stage proceedings have reached; the nature of the proposed comments; what information they are permitted to convey; whether they need the client’s consent; and the likelihood of prejudice arising from the comments.
They were reminded that their role is not to act as their client’s mouthpiece or to identify themselves personally with their client’s cause, and warned that in speaking to the media their motives for doing so may be called into question.
‘Even if this is not what you intend’ by speaking to the press, it warns, ‘you run the risk of appearing to promote your own interests over those of your client’.
Barristers are not obliged to speak to the media and must be wary of appearing to promote themselves when doing so, the Bar Council’s ethics committee has reiterated in an updated note.
The committee reminded barristers that since the removal of the prohibition in April 2013, they are permitted to talk to the media ‘generally and in respect of concluded litigation’ in which they acted, subject to their general professional duties.
But pointing to guidance from the Bar Standards Board (The BSB Handbook: gC22 and Media Comment Guidance), it noted that they are under ‘no obligation’ to do so and that it is not a legal service and does not form part of barristers’ duties to act in the best interests of any of their clients.
As such, it warned that barristers may not be insured against any consequences of expressing a personal opinion to the media. The BSB also reminded barristers of the risk of liability in contempt, defamation or malicious falsehood that can arise personally, or for the lay client.
Barristers were advised to consider the following before speaking to the press: the nature and type of proceedings; the stage proceedings have reached; the nature of the proposed comments; what information they are permitted to convey; whether they need the client’s consent; and the likelihood of prejudice arising from the comments.
They were reminded that their role is not to act as their client’s mouthpiece or to identify themselves personally with their client’s cause, and warned that in speaking to the media their motives for doing so may be called into question.
‘Even if this is not what you intend’ by speaking to the press, it warns, ‘you run the risk of appearing to promote your own interests over those of your client’.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Switching from a physical blue book to OneNote is simple, secure and game-changing, says Elizabeth Bowden – you’ll wonder how you managed without it...
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett