Tuesday, October 13, 2009

Lawyers should uphold truth and justice

There is a letter printed in a newspaper from a blogger who made a honest opinion about the quality of food in a restaurant. She received a letter from a lawyer acting from the restaurant, asking for the blog to be removed or face the threat of legal action for defamation.

Is it proper for the lawyer to make such a threat? Has the lawyer already established that there were grounds for a defamatory action? Does the lawyer have a duty to advice the client on the difference between an honest opinion and a malicious intent?

If the lawyer does not have valid grounds and make such a threat to frighten the blogger, does it constitute "bullying"? Is it legal? Is the legal profession required by their ethics to uphold truth and justice, and avoid the abuse of the legal process?

I shall be asking the views of the Law Society on this matter. I will see if there is grounds for a complaint to be lodged against the lawyer for unethical behavior.

Tan Kin Lian