Industry
Mint Explainer: Can lawyers also be journalists?
Summary
- The debate over lawyers moonlighting as journalists raises questions about professional boundaries, ethics, and the evolving nature of dual careers.
Can an advocate double as a journalist without compromising the sanctity of either profession? The Supreme Court is poised to answer this question in a landmark case involving advocate Mohd. Kamran, who juggles his legal practice with freelance journalism.
The case shines a spotlight on the duality of professions and raises critical questions about ethics, conflicts of interest, and the interpretation of the Bar Council of India’s (BCI) rules on professional conduct.
Mint unpacks the challenges preventing lawyers from stepping into journalism and examines what this case could mean for professionals seeking to navigate both worlds.
Why is the Supreme Court hearing this case?
The Supreme Court is reviewing a petition filed by Kamran, a state-accredited freelance journalist.
Kamran’s dual role came under scrutiny in 2023 when he filed a defamation case against Brij Bhushan Sharan Singh, a former Bharatiya Janata Party lawmaker, alleging that Singh had written defamatory letters to Uttar Pradesh chief minister Yogi Adityanath, accusing him of involvement in criminal cases.
The Allahabad High Court on 12 March 2024 dismissed the defamation case, citing the confidential nature of the letters. Kamran challenged this ruling in the Supreme Court.
In July, the Supreme Court directed the BCI and the Bar Council of Uttar Pradesh to examine whether Kamran’s dual roles violated the BCI’s professional conduct rules.
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Kamran has since committed to working solely as an advocate, but the matter is scheduled for a hearing on 16 December.
What do the current rules say?
The BCI Rules on Professional Conduct and Etiquette prohibit advocates from engaging in other professions while practicing law.
However, Rule 51 allows exceptions, permitting advocates to engage in journalism, teaching, and lecturing, provided these activities are not full-time, salaried, or involve advertising or solicitation. Freelance journalism may align with these exceptions, but full-time employment with media organizations likely breaches the rules.
"Historically, the BCI has been strict in upholding the professional integrity of advocates," says Gauhar Mirza, partner at Cyril Amarchand Mangaldas. “The BCI has raised concerns about dual roles potentially diluting the advocate’s professional commitment and creating ethical dilemmas. For example, an advocate reporting on legal cases as a journalist could be seen as prejudicial to the administration of justice or a conflict with client confidentiality."
What are the key legal issues at stake?
Ethical boundaries: Can legal expertise enrich journalism without breaching professional ethics?
Interpretation of Rule 51: Does the exception for journalism extend to legal analysis or freelance commentary?
Conflict of interest: Can safeguards like disclosures ensure ethical dual roles?
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"The court will likely consider whether part-time legal journalism can be regulated to maintain professional integrity while benefiting public understanding of complex legal issues," Mirza added.
Where does the legal fraternity stand?
The legal community remains divided. Many purists argue that dual roles dilute professional focus and create ethical concerns.
“The legal fraternity is largely purist and believes advocates should be advocates only," says Sanya Sud, partner designate at Saraf and Partners. “Most feel there could be ethical issues if advocates are allowed to work as journalists."
Others see potential benefits in legal journalism, provided it remains part-time and ethical.
“The legal profession thrives on disseminating knowledge. Journalism, when approached ethically, can serve a similar purpose by educating the public on legal issues," says Rishabh Gandhi, ex-judge and managing partner at Rishabh Gandhi and Advocates. “Part-time legal journalists can bridge the gap between complex legal principles and public understanding."
“The legal profession thrives on the dissemination of knowledge, which is why advocates are permitted to teach law," says Rishabh Gandhi, a former judge and managing partner at Rishabh Gandhi and Advocates. "Journalism, when approached ethically, can serve a similar purpose by educating the public on legal issues and fostering an informed citizenry. Advocates working part-time as journalists, focused on legal reporting, can bridge the gap between complex legal principles and public understanding,"
However, challenges remain.
“The legal sector is not very open, and this makes it hard for legal journalists to do their job," says Prachi Shrivastava, founder of Lawfinity Solutions. “The profession guards information like trade secrets, such as details on industry practices or compensation. This lack of collaboration slows the legal ecosystem’s progress."
What are the implications for balancing dual professions?
Legal experts warn that dual roles blur professional boundaries, creating ethical risks that must be addressed with safeguards.
“Dual roles may blur professional boundaries, which risk outweighs the value they may add to either profession," reiterates Sud.
Shrivastava adds, “Court advocacy and journalism impact people’s lives through access to sensitive information and institutions of power. Unscrupulous professionals might misuse this access, with lawyers breaching client confidentiality in their role as journalists. However, legal journalists play a vital role in bridging the gap between the legal world and the public by accurately interpreting legal developments."
The Supreme Court must now decide whether to allow such dual roles with safeguards or restrict them to uphold ethical standards. This decision could redefine the boundaries of professional duality in India.
