The organisation reminded lawyers to stay professional following recent incidents
The New Zealand Law Society has urged lawyers to not speak to the media when physically or mentally stressed to avoid breaching their professional obligations.
The organisation pointed to recent incidents involving lawyers Sue Grey and Roger Chambers; in both cases, the New Zealand Lawyers and Conveyancers Disciplinary Tribunal ruled that they had been unprofessional in their conduct with the media.
Grey violated a suppression order that had been implemented to protect a baby in a high public interest case when she conducted interviews after a hearing. The tribunal concluded that Grey did not intend to breach the order because she was tired; however, it suggested that Grey “needed to take greater care than she did”. Thus, the tribunal suggested that when an interviewer was violating suppression orders, lawyers should end such interviews.
Meanwhile, the tribunal ruled that Chambers had engaged in misconduct when he disparaged a former client while talking to a reporter about an old criminal case. The tribunal pointed out that Chambers’ client confidentiality duty extended indefinitely; thus, client information should have been kept private until the client said otherwise.
“The Grey and Chambers decisions highlight that while lawyers can and should speak to the media, they need to be careful they comply with their professional obligations while doing so”, the Law Society said in its statement. “Before agreeing to speak to the media about a matter, a lawyer should always speak with their client or former client to confirm they have the client or former client’s authorisation to do so”.
The organisation reminded lawyers that in the course of preparing for interviews, they should “carefully consider” their professional obligations in the context of an interview and to inform interviewers of the limits of what can be discussed, If possible.
