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Lawyer Censorship

4 June 2007
CONTACT: Peter Carter on 3210 3409

The ban on lawyers speaking freely as proposed in Solicitors Conduct rule 19 is censorship with very dangerous consequences for the community.

Lawyers are the last line of defence for the public. It is vital that we are free to speak out against government, big business and others who have a vested interest in preventing some issues being debated in public.

The proposed new rule for Queensland lawyers would have prevented Major Michael Mori advocating against the imprisonment without trial for 5 1/2 years of his client David Hicks. They would have hindered John Adams speak against the tyranny of British occupation before the American revolution, Abraham Lincoln denouncing slavery and generations of civil rights lawyers advocating positive change for the oppressed.

Any restriction on lawyers speaking out about social, political and justice issues confronting our clients and the public is a step towards totalitarianism. "Muzzle all lawyers" is only different to "First kill all lawyers" in that the former is bloodless.

Australia has no guaranteed freedom of speech. We have no Bill of Rights and in Queensland no opportunity for review by an upper house in state parliament. Queensland already censors lawyers. I can be dis-barred for informing injured people about their rights to sue insurance companies so the victims don't get in the way of the insurers posting billion dollar profits.

R ather than censorship, the new rules should confirm what our training requires of us - that lawyers have a public duty to be the voice for voiceless and to be vocal against injustice.

Lawyers' ethical duty demands that we speak out against this rule and the issues that vested interests find uncomfortable to discuss.

- Peter Carter

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