Lawyer's in-court immunity

[Isabella]

Hi!
I'm from Australia, and I'm doing a torts assignment and was wondering whether you agree with the current law in Australia to do with advocate's immunity, being that barristers and solicitors are immune from liability when it comes to in-court procedures.

This raises issues of public policy in that every wrong should be compensated, but on the other hand, an advocate has first and foremost a duty to the court and its proceedings.

Thankyou!
Isabella

 

[Michael Wechsler]

Isabella, I think that statement is too general. I do think that intentional or grossly reckless acts should create liability for those in the legal profession in the same way any other profession would be regulated. What are the reasons for this free ride for severe medicrity and corruption?

 

[Olivera]

Advocate Immunity

I think the biggest issue is that, it may open the floodgates for litigation.

It would also undermine the trust that we impose on the legal system, if we do not trust our barristers and solicitors, who are in effect representing our cause how are we supposed to have any belief in our legal system.

All other professions eg. Medical, seem to have protection in terms of negligent behaviour, and lets face it, everyone makes mistakes.

Personally I think that upholding advocate's immunity in Australia, does not particularly affect whether or not people are held accountable for there negligent behaviour, there should be another avenue of professional legal accountability.