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Old 3rd May 2002, 20:05
  #44 (permalink)  
Legalapproach
 
Join Date: May 2001
Location: London
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Mr Ree

Lawyers in any system be it adversarial or inquisitorial, represent their clients and I am not sure whether you are making a genuine point or embarking upon a bit of lawyer bashing, a sport not entirely unknown on Pprune.

The system we have provides for anyone accused of an offence to be properly defended and for the prosecution to prove their guilt if they are to be convicted.

The adversarial system works upon the principle that both sides have the opportunity to be represented by advocates (as we must call them these days) of equal calibre. It doesn't always follow but it does to a large extent and it is worth remembering that barristers such as myself and FL both prosecute and defend. It is perhaps fortunate for the flying community that the CAA seem to have a policy of not instructing pilots to prosecute their cases (at least so I have heard and none of the CAA prosecutors I have been against have ever been pilots) and thus so far FL has not been lured by the Dark Side.

Joking apart, the Bar code of conduct provides, inter alia:

When defending a client on a criminal charge, a barrister must endeavour to protect his client from conviction except by a competent tribunal and upon legally admissible evidence sufficient to support a conviction for the offence for which his client is charged.

A barrister is under a duty to defend any person on whose behalf he is instructed on a criminal charge irrespective of any belief or opinion which he may have formed as to the guilt or innocence of that person.

Defending counsel is not under any duty to correct any mis-statement of fact made by the prosecution.......

The code also reminds barristers that

"the issue in a criminal trial is always whether the accused is guilty of the offence charged, never whether he is innocent;

that the burden of proof rests on the prosecution"

I pose the question, whether it be in a criminal or civil case, would you like to be represented by a lawyer who is going to tell the opposition about the gaps in your case and what they should do to make their case stronger? Having subsequently lost the case what is going to be your reaction when you come to pay his bill?
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