The barrister Heather Rogers, QC, of Doughty Street Chambers, acted for Private Eye magazine in the Court of Appeal case in which the judges ruled that disciplinary rulings on solicitors can be published. Michael Napier, the former president of the Law Society, lost his battle to seek an injunction against the magazine publishing details of a finding against him.

What were the main challenges in this case and the possible implications?

The key question was: when a complaint about a solicitor is upheld by the regulatory body is the person who made the complaint obliged to keep that result confidential? Private Eye, its solicitor Robin Shaw, of Davenport Lyons, and I thought the answer was an obvious “no”. To get to that answer in court required expert evidence and the dismantling of a host of legal arguments raised in favour of confidentiality.

Had the decision gone the wrong way, information that ought to have been made public would have been suppressed. Apart from the solicitor being reprimanded, there were the ombudsman’s searing criticisms of how the Law Society had dealt with the complaint about its former president. A decision to grant an injunction would have defied common sense, been an unwarranted restriction on freedom of speech and signalled a bad day for British justice. Fortunately, Private Eye has been able to publish in its current issue.

What was your worst day as a lawyer?

Failing to persuade the Court of Appeal that a six-month custodial sentence for a 17-year-old who pleaded guilty (first offence) was not right — for him or his family, for the victim or for the public.

What was your most memorable experience as a lawyer?

Being part of the defence team, headed by Richard Rampton, QC, for Penguin Books in the libel claim over Deborah Lipstadt’s Denying the Holocaust. One of many indelible memories is being guided around Auschwitz-Birkenau by top expert, Robert Jan van Pelt.

Who has been the most influential person in your life and why?

My family, my partner and close friends (immeasurably important). If I single out one person, it must be Penelope Barrett — my friend since I became a lawyer — whose integrity, independence, fearlessness and clear judgment have never faltered.

Why did you become a lawyer?

To fight for truth and justice. I may have watched too much legal drama on television. But — at least sometimes — that is what the job is about.

What would your advice be to anyone wanting a career in law?

You will need to work hard and it may sometimes be boring. But you may have the privilege of being part of a team fighting issues that matter. If you are passionate and determined, go for it.

Where do you see yourself in ten years?

If I am lucky, being part of Doughty Street Chambers and loving life.

l_tsang@hotmail.co.uk

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