Ethics
Ethics Tip 6: Managing Emotions in Correspondence with Opposing Counsel
Frustrated with the actions of your opposing counsel, you write a nasty email alleging improper behavior. To cover yourself you mark the letter “Confidential and Without Prejudice”. On receiving the letter, the opposing counsel is fuming mad and threatens to refer you to the regulator.
Your thoughts: You know the r7 of PCR provides that you must always accord to another legal practitioner the proper respect due to the latter as a member of a noble and honorable profession, deal with him in good faith and be courteous and your conduct should not adversely affect the reputation and good standing of the legal profession or the practice of law in Singapore. On reflection, you realise that your letter was written in a moment of anger, and you could have phrased it a lot more courteously. Can you safely say that you can take comfort in that you marked the letter “Confidential and Without Prejudice”?
A complaint has been made against a solicitor in UK on an email he wrote and marked “Confidential & Without Prejudice”. The matter is to be referred to a disciplinary tribunal for hearing. It is alleged that the solicitor breached 2 principles: “to act in a way that upholds public trust and confidence in the profession, and to act with integrity.” The regulator has not ruled whether the “Without Prejudice” protects the solicitor. The matter has been set for hearing in December 2024. Click here to read further.
Managing your anger is important. You don’t want to be stressed out by a disciplinary action. Take a step back, reflect, and compose your correspondence with care and be courteous.
<< Back to Junior Lawyers Professional Certification Programme
|