Chief Justice address to the Joint Law Societies Ethics Forum

Address of The Hon Chief Justice Paul de Jersey AC on Monday 7 November 2011 at the opening of the Joint Law Societies Ethics Forum hosted by the QLS.

In his address the Chief Justice made observations as to the conduct of lawyers for litigants and the situations where a lawyer may be tempted to stray beyond ethical bounds.

Highlights from his Honour’s speech:

• Observing the conduct of lawyers for litigants, we note varying degrees of zeal. That is consistent with the ordinary human condition which is infinitely various. It may also reflect the degree of pressure exerted by a client, and in these opening remarks this morning I will briefly explore some situations in which a lawyer may be tempted to stray beyond ethical bounds when burdened by such pressures.
• Strong economic conditions can create temptations for practitioners. There are people in the community with an unquenchable thirst for material wealth. Unfortunately they are often the least prepared to seek to understand, and certainly not accept, the ethical standards which constrain legal practitioners. They are also often forceful and persuasive people, inclined to employ their wealth and consequent power as an instrument of pressure.
• My focus this morning is on the role of solicitors especially in litigation, and my unsurprising thesis is that the astute pursuit of a client’s interests must in the end be tempered by a degree of moderation.
• Sometimes a practitioner may be tempted to seek to advance a client’s cause outside the curial proceeding. I have however heard and read of solicitors’ statements in this country advancing a client’s cause where proceedings are continuing. That should be attended by considerable restraint: while a court would not in fact be influenced by what may be said, the risk is that the public may perceive that a court would be influenced in that way, and that would obviously be inimical to maintenance of confidence in the administration of justice.
• A practitioner’s duty to the court in the administration of justice must as we know prevail, in situations of conflict, over the duty to the client.
• Contemporary practice obviously gives rise to new ethical conundrums from time to time. The high stakes which characterise substantial litigation undoubtedly create pressure on practitioners. But the ultimate constraint is to act ethically. Whatever the subtlety of the problem, established principles will provide the answer.

A full copy of his Honour’s speech is available as a PDF.