Why lawyers often don't respond to press enquiries

Lawyers are bound by strict rules that ensure everyone's rights are protected, especially those of their clients. This is fundamental to the rule of law. One of the most important rules is professional secrecy. This means that a lawyer must not share anything about his or her client, including with the press, unless it is important for the defence of that client's interests - and then only to that extent. This secrecy is there to ensure that a client can always be honest and open with their lawyer, without fear of that information coming out.

Breaches of professional secrecy can be prosecuted under both criminal and disciplinary law. They can lead to the disbarment of the offending lawyer. Article 156.7 of the Code of Ethics of the Legal Profession further stipulates that a lawyer must, in any communication, respect the presumption of innocence, the rights of defence, the right to the protection of private life and the dignity of all involved. Moreover, Article 156.8 requires lawyers to pre-approve publications in which they or their clients are mentioned, unless circumstances make this impossible.

Because lawyers have to follow these rules, they often cannot respond to questions about their clients or about a file. Even a simple affirmation or denial can violate professional secrecy. This does not mean that a lawyer or his client has something to hide. What matters is that the lawyer respects the relationship of trust with his client and the rule of law. In other words, a lawyer does not hide behind professional secrecy, but he or she is obliged to comply with it.