Jones, Nicky (2009) Lawyers, language and legal professional standards: Legal Services Commissioner v Turley [2008] LPT 4. University of Queensland Law Journal, 28 (2). pp. 354-360. ISSN 0083-4041
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Abstract
Lawyers have a duty to cooperate with other legal practitioners, with clients and with others they deal with in practice, and to treat them with courtesy. The duty includes the expectation that a practitioner will not use irresponsible, provocative, offensive or intimidatory language during court proceedings or in any other public forum. Although the modern lawyer will get angry, what the lawyer does with his or her anger or how the lawyer gives expression to it is a matter for ethical evaluation.
The use of inappropriate or aggressive language is an area where discipline applications seem to be on the rise. This can raise significant questions regarding the place of the lawyer in the administration of justice. Drawing on the principles expressed in disciplinary proceedings case law in this area, this article will consider some of the issues arising in relation to a legal practitioner’s use of offensive language or intimidatory conduct.
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| Item Type: | Article (Commonwealth Reporting Category C) |
|---|---|
| Refereed: | Yes |
| Item Status: | Live Archive |
| Additional Information: | Accepted version deposited in accordance with the copyright requirement of the publisher (Univ of Qld Law School) http://www.law.uq.edu.au/uqlj-submissions |
| Faculty/School / Institute/Centre: | Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010) |
| Faculty/School / Institute/Centre: | Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010) |
| Date Deposited: | 30 Mar 2010 08:02 |
| Last Modified: | 06 Jan 2015 05:01 |
| Uncontrolled Keywords: | lawyers; legal practitioners; disciplinary proceedings; standards; legal profession; legal professional standards; legal professional practice; bad language; offensive language; professional misconduct |
| Fields of Research (2008): | 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220105 Legal Ethics 18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220107 Professional Ethics (incl. police and research ethics) |
| Fields of Research (2020): | 50 PHILOSOPHY AND RELIGIOUS STUDIES > 5001 Applied ethics > 500105 Legal ethics 48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480505 Legal practice, lawyering and the legal profession 50 PHILOSOPHY AND RELIGIOUS STUDIES > 5001 Applied ethics > 500107 Professional ethics |
| Socio-Economic Objectives (2008): | C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified |
| URI: | http://eprints.usq.edu.au/id/eprint/7084 |
Available Versions of this Item
- Lawyers, language and legal professional standards: Legal Services Commissioner v Turley [2008] LPT 4. (deposited 30 Mar 2010 08:02) [Currently Displayed]
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