Description
Paper instructions : On 24 May 2021 the Council of the Law Society of NSW advised Nathan Buckley, a partner of the law firm G & B Lawyers, that he had been found guilty of unsatisfactory professional conduct. As a result of this finding, he was reprimanded, fined and ordered to attend an ethics course.1 This disciplinary action was because of posts he made on the law firm’s Facebook and Twitter pages including the following:
“Free legal advice to all Victorians. Don’t wear a mask. Get a $200 fine then elect to have it determined in Court.”
“Every single one of you 6.359 million Victorians can challenge the fines in Court.”
“The Victorian Government won’t fight you in Court. It is far too expensive for them to do so”
and
“Now hiring. A criminal lawyer based in Victoria. Must have experience in challenging fines in Courts. Expect 6 million or so fines against individuals for not wearing a mask. Apply to Nathan Buckley at [email address]. Must be available to start asap.”
Arguably one of the hallmarks of a democracy is freedom of expression which includes moral and political dissent. What place, if any, do you think moral activism has within the legal profession? Do you think the conduct of Mr Buckley noted above was an expression of moral activism, or was it something else? Does that type of conduct justify disciplinary action?
Support your answer with reference to:
what is meant by ‘fit and proper’, ‘good fame and character’, and ‘inherent requirements’ to practice law; and
at least four scholarly sources (secondary sources) which can include Christine Parker’s article referenced below; and
relevant legislation and/or case law (primary sources).
1 Mr Buckley applied to NCAT for a review of the decision. Although there is no decision on the outcome of that review, there is a decision relating to that application which includes a background of the matter: Buckley v Council of the Law Society of New South Wales [2021] NSWCATOD 197.
2 See the text book [2.360]–[2.385] and also Christine Parker ‘A Critical Morality for Lawyers: Four Approaches to Lawyers’ Ethics’ (2004) 30(1) Monash University Law Review 49.
3 For a discussion of the inherent requirements to practice law see: MN Legal and Management Consultants Pty Ltd v The Council of the Law Society of New South Wales; Michail v The Council of the Law Society of New South Wales [2018] NSWSC 1410 [46]–[48].
Word Limit: 1400-1500 words, excluding footnotes (everything else is included). Anything over 1500 words will not be read. There is no +/-10%. A bibliography is not required.
(Please note: a common mistake of students in their first assessments at university is to submit a paper where the word count on the document includes footnotes (which results in a submission well under the word limit). To make sure your word count does not include footnotes you should click on the word count number at the bottom of the document and make sure the check box “include footnotes and endnotes” is not checked)
General Instructions
Meaningful headings are encouraged (and are included in the wordcount).
Please use a font of at least 12pt and line spacing of at least 1.5. Please provide a margin of at least 2.5cm. Footnotes should be 10pt and single-spaced. Footnotes should be used for references only, with no further discussion.
Upload your essay as a WORD file eg. doc. or docx. Do not upload as a PDF (the word count in Turnitin does not subtract footnotes from a PDF and thus will record a word count much higher). Do not upload a Google Doc.
Suggested approach to this paper:
1. You refer to the text and then should do some independent research on the topic to begin to formulate your view on the topic. Note there is no ‘correct’ answer to this question. We are looking for a clear answer to the question which is rigorously argued and supported by quality primary and secondary sources.
2. The paper should be a single coherent body of work with an introduction, a body and a conclusion.
3. Provide an introduction to the essay which clearly identifies the thesis of the paper and the main arguments of your essay supporting that thesis.
4. Each paragraph should detail a single point or argument that supports your thesis and should be relatively short. Follow the guidance given in the tutorials on ‘Legal Writing’ and review the feedback from the short essay.
5. Provide a conclusion which clearly sums up your main arguments. The conclusion is not to introduce any new material or arguments.
6. Comply with the requirements of AGLC4.
