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Dictionary meaning of the word "ranting " is

A loud bombastic declamation expressed with strong emotion (noun)

Talk in a noisy, excited, or declamatory manner (verb)

My two files on a ranting lawyer are lying orphan as the dosseir  is  not published. A reproduction  will serve the purpose of Lawyersclubindia.

September 30, 2009 |

Abraham Lincoln had good advice about writing a letter when angry. Write the letter, you will have a good time getting your feelings onto paper and feel the better for it. Leave it overnight. Return the next day, burn the letter and writer another. Good advice , bad for defamation lawyers. It should be mandatory for lawyers who put pen to paper in anger.

There can be a fine line between being forthright and acting without fear or favour on behalf of one’s client and being offensive, provocative or, the using the catch all phrase, bringing the profession into disrepute. The Full Bench of the ACT Supreme Court considered this question in  Disciplinary Tribunal that David Lander, had by statements made in a letter to the Chief Executive of the ACT Department of Education and Training was guilty of unsatisfactory professional conduct.

DAVID LANDER v COUNCIL OF THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY

The letter (republished in full at

extracts demonstrate why it prompted a complaint :

par 4) leaves very little need for explanation. The following

communicate substantively and honestly.

Your Department has a long history of failing to communicate at all or to

be taken against her because her husband happens to be a solicitor acting

for teachers.

My wife remains a teacher in your system and I ask that no recriminations

maladministration by your organisation. It appears that nothing will

change that conduct and that the Department bears grudges against people

who engage lawyers, particularly competent ones.

This is consistent as we say with years of malpractice and

unhelpful, obsessive and compulsive in relation to their own ego and their

own self-importance and otherwise unresponsive.

In my brief encounters with officers of your agency, they have been rude,

Lander sought to rely on the freedom of expression provisions of the Human Rights Act 2004 (section 16).  equivalent provision.

In a very comprehensive and useful decision (extracted

The Court drew a distinction between gratuitously offensive language between practitioners and communication on behalf of a client which may be discourteous and provocative but is done so on a subject which is in the interest of the client  between practitioners there is an obligation to avoid offensive and provocative conduct while

A key issue for the Court was whether the solicitor had a foundation for making the very serious allegations, particularly about honesty, malpractice and vindictiveness towards innocent parties. The Court found that this issue was not addressed by the Tribunal but it should have been. Because of that error and, as a consequence, the findings of unprofessional conduct being based on “an erroneous assumption” it was set aside.

The Court was very circumspect about the role of the Human Rights Act in this environment

stating, at

in toto at par 23) the Tribunal traversed the relevant authorities. In that regard it is relevant to consider the High Court decision in  Tribunal ( in dealings with third parties provocative language may be warranted, if there is a reason for it fallacious assumptions, fell into the latter class.par 57:

If the HR Act

Principles to be found in the Rules and it is to allow lawful criticism by a solicitor

of the performance of public officials.

, s 16(2) has a role to play, it super imposes itself on the Statement of

Issues

The decision contains a very comprehensive analysis of the principles governing professional behaviour. remains the bellwether decision. The applicant was fortunate that the issue of foundation was not the basis for the Tribunal’s decision, or so the Court found.

Clyne v NSW Bar Association

Practitioners should take little comfort from Human Rights Act or the Charter in situations of this nature.

These judgements open the new vistas for Indian fraternity.

Disciplinary proceedings & unprofessional conduct, Human Rights Act 2004, Legal Profession Act (ACT): DAVID LANDER v COUNCIL OF THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY


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