On legal advisers’ freedom of speech from the perspective of defining action Cover Image

O wolności wypowiedzi radcy prawnego z punktu widzenia definiowania sytuacji działania
On legal advisers’ freedom of speech from the perspective of defining action

Author(s): Przemysław Kaczmarek
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: freedom of speech; the profession of legal adviser; defining the situation of action; private sphere versus professional sphere; symbolic interactionism

Summary/Abstract: This article aims to present the issue of legal advisers’ freedom of speech, with particular focus on the problems of 1) the separation between private and professional spheres, 2) assessment of an utterance as falling within the scope of freedom of speech from the point of view of defining action, i.e. a category developed in symbolic interactionism. The aforementioned task is carried out in the following manner. Firstly, the author engages the question of why the issue of freedom of speech of the representatives of legal professions (including legal advisers) is arousing more and more interest not only in the legal community, but also among the public. Then, by referring to earlier articles, he probes the boundaries of legal advisers’ freedom of speech. Next, on the basis of judicial decisions, the author presents three types of cases in the domain of legal advisers’ freedom of speech. The problems (mentioned above) that emerge from the discussion of the aforementioned judicial decisions are examined from the perspective of defining the situation of action.

  • Issue Year: 2015
  • Issue No: 4
  • Page Range: 9-30
  • Page Count: 22
  • Language: Polish
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