From the Courtroom to the TV Studio: TV Lawyers and the Transformation of Legal Discourse

By George Kazoleas, Attorney-at-Law

An increasing number of lawyers appear daily on television shows, seeking exposure and recognition. Television has traditionally been a powerful medium for building their personal profile and attracting clients.

However, this tactic often leads to unfair competition and distorts the very nature of the legal profession. Instead of earning their prestige through academic training and successful cases, they seek it under the public spotlight.

"TV lawyers" often appear to satisfy an inherent narcissistic need for recognition and exposure. Their television presence enables them to express their views publicly and become central figures.

Yet, to maintain their popularity and secure invitations from television networks, they are willing to disclose confidential information from case files they handle.

This constitutes a severe violation of legal ethics and confidentiality, which can jeopardize not only the progress of the case but also the client’s trust in the lawyer.

Pursuant to Article 40, paragraph 4 of the Greek Code of Lawyers, as amended and currently in force, a lawyer—whether individually or as a member of a Law Firm—is prohibited from giving interviews to the press, printed or electronic, publishing data or information regarding a pending judicial case that they are handling. According to paragraph 6 of the same Article, the violation of the provisions of this Article also constitutes a disciplinary offense punishable by a fine ranging from €1,000 to €10,000 for each violation.

Furthermore, pursuant to Article 10, case (h) of the Code of Conduct for the Legal Profession, lawyers are prohibited from reproducing in the media trials that are being conducted or are pending before the Judiciary ("TV trials"). The violation of this obligation constitutes a disciplinary offense.

Watching morning or afternoon shows on Greek television channels, one can easily realize that the aforementioned provisions are a dead letter.

The television audience, consisting mainly of middle-aged and elderly people, carried away by the television image, believe that the "TV lawyer" is the right person to help them. However, the quality of legal representation may be questionable, as the lawyer's time and energy are often divided between their professional practice and their continuous media presence. Furthermore, the selection criteria for the lawyers featured are non-objective and superficial, e.g., connections with journalists/media owners, physical appearance, association with high-profile criminal cases, etc.

The phenomenon of "TV lawyers" and TV trials damages the prestige of the entire legal profession. The role of a lawyer is to protect the law and act with integrity, not to become a television persona. When the pursuit of publicity outweighs professional ethics, the result is a severe degradation of the legal profession in the eyes of society.

Ultimately, the "TV lawyer" gets trapped in a vicious circle: the need for exposure leads to continuous appearances, which in turn force them to sacrifice the gravity and confidentiality of their cases. While they may momentarily enjoy the glamour of television, their actual work is compromised, and along with it, their credibility. Naturally, it is the clients who end up losing.

On the relevant shows where TV trials unfold, pseudo-legal journalists, reporters, and police officers attempt legal analyses of doubtful reliability, while it is a frequent phenomenon to hear legal inaccuracies even from lawyers.

A landmark ruling on the matter was issued by the European Court of Human Rights (ECHR) in the case of "D. v. Greece" on May 11, 2023 (Application No. 12766/15).

In this case, the ECHR ruled that the disciplinary conviction of a lawyer by the Athens Bar Association (imposing a one-month temporary suspension) for his participation in a television show concerning a case of his client did not violate the right to freedom of expression (Article 10 of the European Convention on Human Rights - ECHR).

In the case at hand, the competent Disciplinary Board found that the applicant lawyer's conduct violated a series of provisions of the Code of Lawyers, given that he actively participated in the "conduct of the trial of the case," manifestly aiming at self-promotion, increasing his public profile, and generating positive publicity for his client.

The ECHR noted that the Code of Conduct for Lawyers prohibits lawyers from reproducing pending or ongoing trials in the media. This was deemed a "substantive law" that justifies the restriction of freedom of expression to protect the authority of the judiciary.

The disciplinary sanction was deemed legitimate, as its purpose was the protection of the "reputation or rights of others," the maintenance of the "authority and impartiality of the judiciary," and the safeguarding of the proper administration of justice.

It was further ruled that the lawyer's television intervention was not necessary for the defense of his client, as he had all legal remedies available before the competent courts.

Finally, the ECHR clarified that lawyers are not prohibited from participating in programs concerning legal issues of general interest. However, in this specific case, the lawyer had disclosed highly personal information about private individuals which had not been previously disclosed; therefore, the discussion did not form part of a debate of public interest.

The decision of the European Court constitutes an important precedent, confirming that Bar Associations have the power and jurisdiction to impose sanctions on lawyers who violate their professional ethics through television appearances.

Giorgos Kazoleas is a Lawyer, qualified both in Cyprus & Greece (giorgos.kazoleas@gmail.com)

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