Publicly celebrating client victories online ‘a risk’
Lawyers should beware of publicly aligning themselves with clients on social media, High Court President Mr Justice David Barniville warned last night at the Law Society.
Speaking at a parchment ceremony for newly qualified solicitors (22 January), the judge said that publicly celebrating client victories online posed a risk to the individual lawyer but also left the legal profession open to having its independence questioned or challenged.
Pillory
“We’ve seen countless examples in other jurisdictions where politicians and others have sought to identify lawyers … with their clients and have proceeded to criticise and pillory them for representing certain clients,” he added.
Such conduct was contrary to the rule of law, which was underpinned by the principle that everyone was entitled to representation and a fair hearing, he said.
“While I’m not telling you to get off social media, I would urge you as professionals to exercise caution and restraint when posting anything in your professional capacity online,” he told the new solicitors, from McCann FitzGerald and Arthur Cox.
Mr Justice David Barniville added that solicitors must be fearless, independent, and objective in their work, and not merely do a client’s bidding.
“A solicitor who merely does what the client tells them to do adds nothing and, if anything, damages the reputation and integrity of the profession,” he said.
Mr Justice David Barniville said that the legal profession was thriving in Ireland, while acknowledging the draw of work abroad.
He urged those who wished to gain experience abroad to eventually bring home that valuable knowhow.
He advised the new solicitors to always remain courteous, respectful and decent in their dealings with colleagues and opponents, and to consider doing pro bono work, if possible.
Mr Justice David Barniville also noted the selection of the US as the focus for the 2026 Day of the Endangered Lawyer, highlighting escalating attacks on the profession, including executive orders.
Aggressive attacks
The judge also pointed to increasingly aggressive attacks on the profession in this country and violent and disruptive behaviour by certain lay litigants.
One incident involved calling the gardai and the use of pepper spray.
“Both I and the President of the Court of Appeal agreed that the situation had reached a point where tolerance had to stop,” Mr Justice David Barniville said.
As a result, a notice was published on 19 December that set out a non-exhaustive list of examples of disruptive conduct and the various measures and orders the court could take in dealing with them, he explained.
Law Society President Rosemarie Loftus congratulated the new solicitors on their achievement in becoming officers of the court.
The President urged the new lawyers to prioritise their mental and physical health and to leverage the support and resources available through the Law Society.
The seventh female Law Society president also spoke about the challenges faced by smaller community-based legal practices and outlined the Law Society focus on shaping a vibrant profession that met the evolving needs of the economy and society.