28. Public comment during current proceedings

1. A solicitor must not publish or take steps towards the publication of any material concerning current proceedings which may prejudice a fair trial or the administration of justice.

Commentary

Publication of material concerning current proceedings may involve the disclosure of confidential information (see Rule 9), and other information that may prejudice a fair trial.⁷⁹ The Rule is not restricted to media publication.

In Legal Services Commissioner v Orchard [2012] QCAT 583, material was sent to the employer of a party to proceedings. The Tribunal said that the rule⁸⁰ 'does not on its face reveal an intention only to prohibit media activity. Rather, its apparent intent is to ensure a fair trial of proceedings, and to maintain the proper administration of justice and the word 'publication' is not used in a way, or in any context, suggesting the rule is only intended to prevent general or widespread publication, e.g. via the media': at [21].

79 See also: See MG v R (2007) 69 NSWLR 20 for consideration of rule 59 of the former New South Wales barristers' conduct rule on media statements.

80 Rule 19.1 Legal Profession (Solicitors) Rule 2007 (Qld).