Guidance for Barristers Commenting to the Media on Cases

Question 1

What are the CANs and CANNOTs for a barrister when talking to the media?

( - 9 Points)

Answer 1

CANNOTs

• cannot express a PERSONAL OPINION about the FACTS or ISSUES arising out of an ANTICIPATED or CURRENT proceeding in which he is BRIEFED, EXPECTS TO BE BRIEFED or HAS APPEARED.
• cannot express PERSONAL VIEWS about the MERITS of the case or the APPROPRIATE OUTCOME
• cannot make ALLEGATIONS about the GOOD FAITH of a judge or other judicial officer or use INFLAMMATORY LANGUAGE.

NOTE:
Must pay attention to the duties of CONFIDENTIALITY, not to DIMINISH public confidence in the LEGAL PROFESSION or the administration of JUSTICE or otherwise bring the profession into DISREPUTE

CANs

• can inform press about their CLIENT’S views of the proceedings or what the CLIENT is seeking to achieve.
• can discuss the FACTS of the case or of the LEGAL ISSUES that will be DISCUSSED.
• can express views in an ACADEMIC context e.g. write an academic article and include their views in it. However must pay attention that CONFIDENTIALITY is a continuous duty
• Client’s CONSENT is necessary

Question 2

So a barrister is prohibited from commenting to the ….. CURRENT proceedings. What is covered in the boundary of CURRENT?

( - 4 Points)

Answer 2

• covers the period allowed for an APPEAL (should not comment before the TIME-LIMIT for APPEAL expires)
• covers EXISTING or CONTEMPLATED proceedings
• still covers this time even if counsel is NO LONGER INSTRUCTED and continues with the NEW COUNSEL
• does not cover advising clients on matters that have NO PROSPECT of becoming LITIGIOUS

NOTE
CONFIDENTIALITY is a CONTINUOUS DUTY