CATEGORIZATION OF PROFESSIONAL SPEECH: THE REGULATION OF LAWYERS AND THE FREEDOM OF SPEECH
Date Issued
2015
Date
2015
Author(s)
Huang, Yu-Jhong
Abstract
The research subjects of this thesis are “lawyer’s professional speech” and “the impact of licensure on lawyer’s professional speech”. Lawyers are professionals, or so-called freelancer, who have to undergo higher education and professional training and are bound by professional ethics. When practicing the profession, lawyers have to meet all three requirements of “professionalism,” “independence,” and “public interest”. This thesis finds the elements of professional speech including “the qualification of professionals,” “the speech regarding professional knowledge,” and “fiduciary relationships”. Thus, the lawyer’s advice provided to his/her client based on the lawyer’s profession and the relationships between the lawyer and client becomes lawyer’s professional speech. This thesis holds that the named general legal knowledge offered by a lawyer on the newspapers and or magazines is the lawyer’s advertisement. The legal advice provided by the lawyer to his/her client after the lawyer is consulted one-on-one by the client through other platform such as internet belong to professional speech. Lawyer’s professional speech in fact comes with the effect of business promotion; therefore, the speech has to be real, not misleading, and professional so that the speech may be protected by the Constitution. Lawyer’s professional speech should also meet the requirement of professional responsibility. If the legal advice given by a lawyer to his/her client is apparently incorrect and inappropriate which is against the professionalism of lawyers and leads to the loss of the client, the lawyer should bear the civil liability for damage.
Subjects
lawyer
free speech
professional speech
professionals
licensure
lawyer ethics
SDGs
Type
thesis
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