Solicitors’ watchdog warns lawyers against using ‘abusive litigation tactics’ to silence valid criticism
The solicitors’ watchdog has warned lawyers against working for clients seeking to use meritless lawsuits to silence criticism, in a crackdown on the use of Strategic Lawsuits against Public Participation (SLAPP).
The Solicitors Regulation Authority (SRA) said lawyers have a duty to report situations in which they suspect the “underlying intention” of putting a lawsuit forwards is to “stifle” valid criticism.
In response to growing concerns around the use of legal actions to silence the media, the SRA told lawyers to be wary of taking on cases that bear the hallmarks of SLAPP actions, as it said solicitors should refuse to use “abusive litigation tactics” to discourage public criticism or action.
The SRA said solicitors have a duty to act in the public interest, as it said lawyers’ duties to the public outweigh any duties they have to their clients.
The watchdog also noted that solicitors have a responsibility to act in a way that upholds trust in the legal profession and a duty to uphold the rule of law.
The regulator said solicitors should look out for signs that litigation is being used for the sole purpose of stifling “valid public discourse” as it told solicitors they have a duty to inform clients of their duty to the courts.
The watchdog also said lawyers should not exaggerate costs to intimidate people or threaten litigation where there is no proper basis for a legal claim.
The body also told lawyers that they must not allow a client to “mislead the court in order to further their case,” by helping their clients create false alibis or by convincing expert witnesses to provide beneficial statements.