We are writing to you in connection with the following passage which appeared in the Sunday Independent on 30th September, 2007, in an article written by Brendan O'Connor:
"And as people watched Enda Kenny having a go, flanked by Alan Shatter, who represented Miriam Ahern in her separation, it all seemed a little bit grubby. It just wasn't like us. It had a touch of the gutter about it."
The next paragraph contained the following: "better to be a mouthpiece for Ahern than for whatever unholy alliance of sinister forces and provos are lined up against Ahern"
The contents of these passages are grossly defamatory of Mr Shatter who is a partner in this firm and impugn his professional integrity. They imply that he became privy in his professional capacity as a solicitor to information concerning a matrimonial conflict between estranged spouses that was subsequently disclosed by him to a third party and expressly describe his alleged conduct in derogatory terms.
Mr Shatter as a solicitor, together with the other partners and solicitors of this firm is bound to observe the principle of solicitor and client confidentiality. Mr Shatter when dealing with family law litigation, like all family law solicitors, is also required to observe the in camera rule, which prohibits the disclosure of information or documentation concerning an individual's matrimonial proceedings. The express and implied allegations made are damaging to Mr Shatter's professional standing and reputation as well as to that of the other partners and solicitors of this firm.
As a result of public comment made by some clients of this firm, it is generally known that Gallagher Shatter, and Mr Shatter personally, have, over the years, represented many well-known and prominent Irish people or their spouses in family law proceedings. However, to preserve confidentiality Mr Shatter himself never publicly reveals without authorisation whether he has or has not represented a particular client and has never used in his public life confidential information obtained by him in his capacity as a solicitor in a matrimonial matter to embarrass, to cause harm to or to diminish the reputation of any individual either represented by him or this firm or of any individual with whom any client of this firm has been in conflict. The implication that he would do so in relation to the matrimonial matters of Miriam Ahern and Bertie Ahern, TD is gravely damaging.
The issue of what solicitor or firm of solicitors represented which party in family law proceedings is from a solicitor's perspective, bound by the obligation of confidentiality. Accordingly, it would be inappropriate for us to comment on the statement in Brendan O'Connor's article that Mr Shatter represented Miriam Ahern in her matrimonial proceedings. It is, of course, open to Miriam Ahern or with her agreement, Bertie Ahern, TD to identify the lawyers who represented each of them. This would clarify whether the statement made in the Sunday Independent that our Mr Shatter acted for Miriam Ahern is true or false.
What you printed in your newspaper was grossly defamatory of Mr Shatter and the partners and solicitors of this firm. We call upon you to publish this letter in full in next Sunday's edition of your newspaper, together with an apology (in a form agreed in advance with this firm) with appropriate prominence.
Yours truly,
Brian M Gallagher,
Managing Partner,
Gallagher Shatter Solicitors.
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Originally Posted by the-analyst2007