FAQ 18

Q18. I have been approached to appear on a television/radio discussion programme to put forward the legal position on a particular area of the law. Can I do this?

A18. Yes, there is nothing in the Code of Conduct that prohibits you from discussing generally the legal standpoint on a given issue. However, you should avoid being drawn into giving advice on a specific person’s case or addressing a particular person’s legal difficulty as, without being properly instructed, this might place you in breach of paragraph 401(a) of the Code.

If you have been approached to appear in the light of a particular case in which you were instructed, paragraph 709.1 of the Code of Conduct says that you should not express personal opinions to the media about the case if it is still current (i.e. is still in progress or the time limit for an appeal has not been exhausted). You should also be sure that you do not breach your duty of confidentiality to your lay client without their consent, as set out in paragraph 702 of the Code.