|
Lawyers still gagged
Carter Capner LegalEase, Summer 2007/08
Earlier this year Carter Capner Law began an outcry against a proposed law society rule that would have muzzled public comment by lawyers.
"Lawyers are the last line of defence for the public," Peter Carter said in June. "It is vital that we are free to speak up on important issues and against vested interests."
One of the examples he used to show the value of lawyer protests was that of Major Michael Mori who so effectively called attention to the unfair military process and detention without trial of his client David Hicks.
The Courier-Mail and national newspapers took up the story and the law society backed down.
Although the law society rule was defeated, another gag on lawyers remains in force by Act of Parliament.
The Act was originally intended to ban distasteful advertisements - by some personal injury law firms. We supported a ban and were closely involved in the submission process for the Bill.
The ban that came into force ended up being far more restrictive - it gags all mention of prohibited subject matter in statements and publications - and the government employs a special team to enforce it!
The censorship has some bizarre outcomes especially regarding our website. If we list a prohibited phrase even on a webpage that has no relation to the prohibited subject matter, we may be breached. We must not list on our homepage (even merely as a link) some of the areas of law we practise in. Photos, images, slogans (like our "Your Strength") are prohibited. Our archive of recent cases, published newspaper articles and media releases may also be censored.
Lawyers face being dis-barred and even jailed for non-compliance. The law also adds overheads - almost the equivalent of one staff member devoted to pouring over statements and publications and seeking government clearance - that must eventually be passed on to consumers.
Even this newsletter has been censored to comply with the law and we risk prosecution for saying any more.
Should lawyers be free to speak up? Send a letter on this topic
Copyright Hyper-Lex Global © 2008-09 | 
Privacy Policy