Advocate complains to High Court over ‘reputational damage’

Advocate Laurence Kennedy has written to the Lord Justice Clerk following our report on the appeal of KM v HMA in which the court was highly critical of defence counsel. In the opinion issued by the court counsel was identified only as “L Kennedy”. Unfortunately there are two advocates of that name and it was not Laurence Kennedy who appeared.

Laurence told Scottish Legal News: “I was astonished to read your headline news story and discover that the opinion seemed to identify me as defence counsel! No advocate wants to be the criticised by the court and to be publicly criticised in a case you did not conduct makes it even worse.

“While many of my instructing agents know me well enough to realise that the story was not about me, there are many legal circles in which I am known but not well enough for the ambiguity to be recognised. Were it not for the absolute privilege that attaches to court proceedings, I would have been perfectly justified in making a legal complaint.”

As well as contacting SLN, Laurence wrote to the Lord Justice Clerk drawing attention to the ambiguity in the opinion and the potential for reputational damage.

“I am very grateful to the Lord Justice Clerk for her polite response to my letter. The opinion has been amended online to provide counsel’s full name and I am hopeful that similar problems can be avoided in the future. I am also grateful to Scottish Legal News for publishing their own clarification.”

http://www.laurencekennedy.com/