Code of Professional Conduct

CHAPTER XVIII

PUBLIC APPEARANCES AND PUBLIC STATEMENTS BY LAWYERS

RULE

The lawyer who engages in public appearances and public statements should do so in conformity with the principles of the Code.

Commentary

Guiding Principles
1. The lawyer who makes public appearance and public statements should behave in the same way as when dealing with clients, fellow practitioners and the courts. Dealings with the media are simply an extension of the lawyer's conduct in a professional capacity. The fact that an appearance is outside a courtroom or law office does not excuse conduct that would be considered improper in those contexts.

Public Statements Concerning Clients
2. The lawyer's duty to the client demands that before making a public statement concerning the client's affairs, the lawyer must first be satisfied that any communication is in the best interests of the client and within the scope of the retainer. The lawyer owes a duty to the client to be qualified to represent the client effectively before the public and not to permit any personal interest or other cause to conflict with the client's interests.

3. When acting as an advocate, the lawyer should refrain from expressing personal opinions about the merits of the client's case.

Standards of Conduct
4. The lawyer should, where possible, encourage public respect for and try to improve the administration of justice. In particular, the lawyer should treat fellow practitioners, the courts and tribunals with respect, integrity and courtesy. Lawyers are subject to a separate and higher standard of conduct than that which might incur the sanction of the court.

5. The lawyer who makes public appearances and public statements must comply with the requirements of commentary 3 of the Rule relating to advertising, solicitation and making legal services available.

Contacts with the Media
6. The media have recently shown greater interest in legal matters than they did formerly. This is reflected in more coverage of the passage of legislation at national and provincial levels, as well as of cases before the courts that may have social, economic or political significance. This interest has been heightened by the enactment of the Canadian Charter of Rights and Freedoms. As a result, media reporters regularly seek out the views not only of lawyers directly involved in particular court proceedings but also of lawyers who represent special interest groups or have recognized expertise in a given field in order to obtain information or provide commentary.

7. Where the lawyer, by reason of professional involvement or otherwise, is able to assist the media in conveying accurate information to the public, it is proper for the lawyer to do so, provided that there is no infringement of the lawyer's obligations to the client, the profession, the courts or the administration of justice, and provided also that the lawyer's comments are made bona fide and without malice or ulterior motive.

8. The lawyer may make contact with the media in a non-legal setting to publicize such things as fund-raising, expansion of hospitals or universities, promoting public institutions or political organizations, or speaking on behalf of organizations that represent various racial, religious or other special interest groups. This is a well established and completely proper role for the lawyer to play in view of the obvious contribution it makes to the community.

9. The lawyer is often called upon to comment publicly on the effectiveness of existing statutory or legal remedies, on the effect of particular legislation or decided cases, or to offer an opinion on causes that have been or are about to be instituted. It is permissible to do this in order to assist the public to understand the legal issues involved.

10. The lawyer may also be involved as an advocate for special interest groups whose objective is to bring about changes in legislation, government policy or even a heightened public awareness about certain issues, and the lawyer may properly comment publicly about such changes.

11. Given the variety of cases that can arise in the legal system, whether in civil, criminal or administrative matters, it is not feasible to set down guidelines that would anticipate every possible situation. In some circumstances, the lawyer should have no contact at all with the media; in others, there may be a positive duty to contact the media in order to serve the client properly. The latter situation will arise more often when dealing with administrative boards and tribunals that are instruments of government policy and hence susceptible to public opinion.

12. The lawyer should bear in mind when making a public appearance or giving a statement that ordinarily the lawyer will have no control over any editing that may follow, or the context in which the appearance or statement may be used.

13. This Rule should not be construed in such a way as to discourage constructive comment or criticism.

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