Writing derogatory and potentially libellous comments about law firms does not necessarily count as bringing the profession into disrepute, according to a recent Solicitors Regulation Authority (SRA) adjudication seen by the Gazette.


The SRA has ruled that a website set up by a London locum solicitor detailing strident complaints against a law firm he worked for 'does not amount to a breach' of rules governing conduct. The ruling could mean less worry for lawyers who want to use the web to speak out about conduct and practice.



For legal reasons the Gazette cannot mention any of the firms involved or the website's name, but the website details a London locum property lawyer's allegations against a law firm which he alleges inaccurately labelled his work as sub-standard as a reason to remove him after he complained about bad practice.



The adjudicator warned the website owner about potentially libelling parties online, but ruled that 'his decision to draw attention to the difficulties often faced by locums' by publishing his highly disparaging views online did not amount to professional misconduct.



The adjudicator said: 'Bullying in the workplace, unfair practices and exploitation of employees are issues which are worthy of serious debate; what [the website owner] published was a contribution to that debate.'



The website owner told the Gazette: 'It took the common sense of this particular adjudicator to establish the right for a lawyer to publicly express criticism over his subjection to bullying in his role as a locum property solicitor.'



But he may still be sued for libel, as the adjudication does nothing to prove or disprove his comments said Helen Morris at media firm David Price Solicitors & Advocates.



'An adjudication by a professional body will probably be based on very specific criteria to that organisation,' said Ms Morris. 'Accordingly there is no guarantee that, if you're off the hook with the regulator, you can sufficiently establish the often complex and technical grounds required to defend yourself against a libel action.'



Rupert White