Public Statement on Legal Matter
A public statement may not be misconduct because you disagree with:
- a stance taken by a person or group the lawyer represents
- the opinion of a lawyer or limited licensee on a particular case
See section 7.5 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
It is appropriate for a lawyer or limited licensee to assist in the public understanding of legal issues by commenting on:
- the effectiveness of existing statutory or legal remedies
- the effect of particular legislation or decided cases
- legal matters that are or may be before the courts
Dealings with the media are simply an extension of the lawyer’s or limited licensee’s conduct in a professional capacity. There is no excuse for conduct that would otherwise be considered improper just because it is outside a courtroom. See section 7.5-1, commentary [1] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers and the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
Criticizing Courts and Tribunals:
Lawyers and limited licensees should avoid criticisms of courts and tribunals that are:
- petty
- unreasonable
- unsupported by a genuine belief in their real merits
See section 5.6-1, commentary [3] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
Commenting on Client Matters:
When commenting on a client’s matter, a lawyer or limited licensee should ensure that:
- it is in the best interests of the client and within the scope of the retainer
- the comments are not made solely with the intent to promote the lawyer
- the information will not harm a party’s right to a fair trial or hearing
If you believe the lawyer or limited licensee made an inappropriate public statement about a legal matter, submit a complaint.