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).
