Loaded question

Q: “After your client is found guilty, will you appeal?”

A: “With respect, I don’t agree with you. In fact...”

Do not accept the premise by ignoring it.

Challenge the premise politely and firmly.

Move immediately to your message.

Bait question

Q: “Do you think that because your client is a member of a minority that people will say he is a “token” employee?”

A: “I wouldn’t say that at all...”

Do not repeat bait even to deny it.

Refute it without repeating it.

Speaking on behalf of others

Q: “Why do you think the Crown decided to do that?”

A: “You would have to ask the Crown that.”

Refer the question.

Never speak on behalf of any other organization or person.

Open-ended/vague question

Q: “Tell me more about the CBA.”

A: “What specifically are your readers/listeners interested in?”

Ask reporter to clarify/focus.

Hostile... But there is some truth to it

Q: “Doesn’t the fact that your client has hired “big guns” mean he’s guilty?

A: “My client retained counsel to protect his rights...”

Restate in your own words.

Personal opinion

Q: “In your opinion, is it realistic to presume there will be an increase in law student enrollment?”

A: “This isn’t about my personal opinion." (state issue and message)

Keep your personal (as opposed to professional) opinion private.

You Know the Answer But Aren’t Allowed to Give It

Q: “What is the status of the government’s review of this issue?”

A: “I’m not in a position to say because (the information has not yet been released) (it would be inappropriate to comment) (I believe it’s still under review)...”

Give a reason why you can’t answer.

Emotionally loaded or hostile question

Q: “Isn’t the justice system covering its backside by not allowing the media to broadcast the court case?

A: “Not at all. The justice system is ensuring fair and adequate treatment of all people concerned until a verdict is made.”

Don’t respond with hostility or emotion.

Make a quick, clean disclaimer.

Restate with less emotional words.

Bridge to your message.

If you don’t know the answer

Q: “How does BC’s funding of legal aid stack up against other provinces funding of legal aid?”

A: “I don’t have those details, but I can try to get that information for you.”

Say you don’t know, and offer to get the information to the reporter.

Never lie and never guess.

Getting boxed in

Q: “Are you going to move to escalation or maintain the status quo?”

A: “We are going to continue to press this government to live up to its commitment to fund legal services for poor and disadvantaged people in BC.”

Ignore the two options if neither is acceptable.

Bridge to your message.

Hypothetical question

Q: “What will you do if the new legislation is passed?”

A: “I’m not going to speculate at this point...(state message)”

Don’t speculate.

Label it as speculation.

Multi-part question

Q: “What impact will this have on future criminal cases...will people be free to possess child pornography...are there any plans to change the legislation?”

A: “Let me begin with your first question...”

Choose the question that is easiest for you to answer.

You don’t have to answer them all at once.

Sympathetic approach

Q: “I guess it must be really tough with all the problems your profession is facing in terms of public opinion?”

A: “That’s not the point. We feel we have a responsibility as a profession to speak up when we see that citizens of BC are being denied access to justice.”

Don’t get lulled in to agreeing.

Persistent questioning

Q: “Why won’t you reveal the details the exactly how much is adequate in terms of sentencing?”

A: “As I have said...(repeat message).”

Politely but firmly signal that you are not going to give in.

Repeat your message.

Rumour

Q: “There’s a rumour that other agencies may be organizing in opposition to you.”

A: “I’m not in a position to respond to rumours; we’ll deal with that issue if and when it arises.”

Rumours are not valid sources of information (and may be an invention of the reporter to see how you respond).

• The Professional Conduct Handbook discusses your ethical limits (Chapters 4, 5 and 14). In essence, Thou Shalt Not:
• Make a public statement—or release client information—without being satisfied that it is in the best interests of client, with the client’s full consent to do so.
• Plead a case in any other place than court, in the presence of opposing counsel.
• Comment publicly on the validity, worth or probable outcome of a legal proceeding—either in your own case, or in commenting on someone else’s case.
• Speak on behalf of the entire legal profession unless you are specifically authorized to do so. Refer those kinds of issues to the President of the CBABC, or if it is a question regarding disciplinary or ethical matters, to the Law Society. Simple.