Duties yes, but also responsibility
The Chamber of Advocates has felt the need, once again, to issue a statement expressing its disappointment that lawyers were still the subject of attacks “in sections of the media” and “on the social media.” These attacks, it said, were coming solely because lawyers were carrying out their duties.
It said that in spite of a first statement it made in September last year, these attacks were still taking place and, what was worse, there have been situations in which lawyers were criticising other members of the legal profession.
Lawyers, it maintained, are active participants in the court proceedings but should “not be implicated with the alleged or actual misdeeds of the client, nor be the subject of criticism just because the lawyer is representing a client and carrying out his/her duty.”
It must always be remembered that every person who is accused before a court of law is presumed innocent until proven guilty, and that he or she has the fundamental right of being represented and defended by a lawyer of his or her own choice, unless one is provided by the state in cases in which the accused is unable to afford paying for a private lawyer.
Lawyers should not feel threatened or intimidated while carrying out their duties, and should be free to fulfil the job they swore they will do to the utmost of their abilities.
This is all true and the chamber is correct to defend its members.
But the chamber should have taken the opportunity of the statement it issued to remind all lawyers of the responsibilities they also shoulder. Lawyers have duties too, but they also have responsibilities – both to their clients and also to society in general. This matter should have been highlighted by the chamber in its statement. If the chamber is demanding respect towards its members, then it should ensure that its members show respect to the institution they work in.
Over the past few years the media has made it a point to give a minute-by-minute account of what is taking place in a court of law where cases of national importance are taking place. This has given the public the opportunity to get to know more about the way lawyers behave themselves before a magistrate or a judge. And, frankly speaking, there have been situations when such behaviour has left so much to be desired. It is understandable that both prosecuting and defence lawyers have a job to do, one that is in direct conflict with the other, but the way they sometimes treat each other shows lack of respect to the role they are playing.
The chamber should have spared a couple of sentences to tell its members that they should behave properly on social media too. Maybe it did give a hint of a reprimand when it referred to the “serious” situation when lawyers attack other members of the legal profession, but the chamber should have been clearer in spelling out what it expects from its members when they use social media.
There have been situations when the profession was belittled by lawyers. The chamber should be the first to recognise this and take action where necessary.