Senior lawyers warn that celebrating client causes risks undermining independence
One of the most senior figures in the UK legal profession has warned lawyers against publicly celebrating or aligning themselves with their clients, saying such behaviour risks damaging the independence of the profession and exposing it to wider criticism. Roddy Dunlop KC, the dean of Scotland’s Faculty of Advocates since 2020, said lawyers could undermine long standing principles such as the cab rank rule if they publicly champion clients or their causes, particularly on social media.
Speaking at the International Bar Association conference earlier this month, Dunlop criticised attempts by politicians and the media to associate lawyers with the individuals they represent. He said this trend had appeared in public attacks on the prime minister for representing certain clients during his earlier legal career. According to Dunlop, the rule of law requires that every person, regardless of how unpopular they or their cause might be, is entitled to legal representation and a fair hearing. He described politicians who criticise lawyers for acting for such clients as unacceptable and acting contrary to the rule of law.
Dunlop told the conference that lawyers must avoid giving critics ammunition by appearing to take sides with clients. He said that when lawyers insist that they should not be identified with their clients, it becomes unsafe to make public declarations celebrating their clients’ perceived victories. He argued that independence should protect lawyers from state criticism, and that publicly embracing clients can imperil that independence.
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He said that large public announcements about victories for what might be seen as virtuous clients do not sit comfortably with the principle that a lawyer is simply performing their professional role. Dunlop suggested that presenting such outcomes as personal triumphs undermines the argument that lawyers should not be linked with their clients.
Barbara Mills KC, chair of the Bar Council of England and Wales, who appeared on the same panel, agreed that lawyers must remain conscious of anything that could call their independence into question. She acknowledged that the profession faces real challenges when public commentary blurs the distinction between lawyer and client in the eyes of the public.
Mills said that many lawyers argue they have a right to express their views and refer to their article 10 rights. She said balancing those rights with professional responsibilities is difficult. According to Mills, common sense should guide decisions about what to say, why it is being said and the implications of those statements. She warned that what lawyers post or endorse publicly follows them and that members of the profession must remain mindful of the potential consequences.
Both speakers emphasised that maintaining independence is crucial to public confidence in the justice system, and that conduct which appears to align lawyers with the causes of their clients risks weakening that foundation.