Media Comment

Question 1

What core duties are engaged in this area?

Answer 1

gC22

The ethical obligations that apply in your professional practice generally continue to apply in relation to media comment. In particular, barristers are reminded that compliance with Core Duties 2 – 6 should be considered before making a media comment.

Question 2

What guide is there for you to follow on social media as a barrister and who does it apply to?

Answer 2

The BSB Guidance on Use of Social Media applies to barristers both in a personal and professional capacity.

Question 3

What can comments on social media be like?

Answer 3

DONT DEMEAN OR INSULT

Both practising and unregistered barristers are reminded that they are bound by CD 5 at ALL TIMES and are expected to conduct themselves in an appropriate manner. Comments on social media designed to DEMEAN or INSULT are likely to breach CD 5.

Question 4

Social media and CD 3 and CD 8?

Answer 4

Becoming involved in heated debates or arguments could potentially breach CDs 3 and or 8. Care should always be taken over the CONTENT and TONE of what you are posting or sharing.

Question 5

How could use of Social media breach CD 6?

Answer 5

Your risk breaching CD 6 by sending confidential communications to your client over social media. You should avoid doing so unless:

(i) Your client has agreed to this form of communication; and
(ii) You are satisfied that your client’s confidentiality will not be at risk.

Your client’s confidentiality can be put at risk in less obvious ways, for example by posting a status update “checking in” to a particular office or other location.