TO THE ISSUE OF DISTINGUISHING OF THE DISCIPLINARY MEASURES OF THE LAWYERS FOR VIOLATION OF SPEECH ETIQUETTE

The disciplinary practice of the regional law chambers of the entities of the Russian Federation is being analyzed. At the same time, the main focus is on the problems of the Russian lawyers’ compliance with the norms of the Russian literary language related to speech etiquette: it is not always a professional advocate who is a model of morality, intellectuality, brevity, lightness and grace. An analysis of the activities of the bar in relation to the disciplinary misconduct of professional defense lawyers shows that different decisions are made in similar situations. This applies primarily to observation and prevention. In selecting a disciplinary commission as one of these two penalties, it is difficult to determine the severity of the offence committed. The jurislingistic analysis of specific legal statements, in which there is a violation of the norms of professional speech etiquette and which have become the subject of disciplinary proceedings as a result, shows that the degree of invectiveness of verbal expression is influenced by many factors, both linguistic and extralinguistic. The idea is to introduce a single scale of invective words (on the part of the Federal Chamber of Advocates) as one of the important part of the complex of lexical, grammatical, orthopedic, visually expressive means of language, grounds for delineating the disciplinary measures of lawyers for violation of the Code of Professional Ethics in respect of the court and persons involved in the case (v. 12), and the duty of counsel to maintain honor and dignity in any situation (art. 9). In addition to creating a single scale of invective words and expressions, it is proposed in some cases to involve linguistic specialists and psychologists to determine a specific measure of disciplinary responsibility for a comprehensive analysis of the controversial speech statements of lawyers.

lawyer, advocacy, norms of the Russian language, legal linguistics, disciplinary response measures, ethics, legal culture, professional ethics, speech etiquette, professional speech etiquette, invectivity, context, consituation.

Petrova I. L., Sidorova S. V. To the issue of distinguishing of the disciplinary measures of the lawyers for violation of speech etiquette. Business. Education. Law, 2020, no. 4, pp. 306–311. DOI: 10.25683/VOLBI.2020.53.408.