It is easy to see from this example how my professional role can be influenced in respect of the advice I give. In this instance, Mr P Daultless was represented by his solicitor, Mr Jones. It was apparent from the conduct of both the Solicitor and the Police that my role was an important factor in the case. There were certain facts which were crucial to the outcome of the case and these facts were ignored by both the Solicitor and the Police. In my opinion, this was a gross miscarriage of the legal position of the Attorney-General. It is clear from this example that the Attorney-General should not rely solely on professional indemnity when representing a client.
We often hear of cases where the legal advice provided has been perverted or compromised in some way. This may occur when there is a conflict of interest between the legal practitioner and the opposing counsel. Such a conflict may arise where one lawyer seeks to obtain extra fees in anticipation of providing ineffective legal advice that may in fact be in conflict with the interests of the opposing counsel. Such a conflict may have a detrimental effect on the proper function of the legal system.
Such a conflict may also arise if one legal practitioner attempts to influence the decision of another legal practitioner. Such a course of action may be unlawful. Such a course may also have serious consequences for the administration of justice. Such a course of action may also have serious consequences for the reputation of the legal profession.
Another example of professional negligence relates to the failure to adequately provide legal advice. Again, there may be an element of impropriety here. However, if a professional has made representations about a particular case, even if they are not entirely correct, this will not constitute professional negligence unless the representation was entirely wrong.
It is sometimes necessary to utilise the services of a professional lawyer or solicitor. If such a person is unable to appear in court it may result in the granting of a temporary restraining order. A temporary restraining order will prevent the practitioner from proceeding in the case and they will not be permitted to proceed to trial. The temporary restraining order will stay in place until a suitable alternative has been found. If the court considers that it would be in the best interests of the public to allow the interim restraining order to lapse, or they consider that there has been a gross miscarriage of justice, then the court will make the decision in favour of the plaintiff.
Sometimes it is necessary to utilise the services of a paralegal or legal clerk. It may be necessary to produce an application for a temporary restraining order in court. Paralegals or legal clerks often work in a much lower wage than legal professionals, so it is important to bear in mind all of the costs associated with hiring them. It can also help to get the court to waive any legal fees.
The most common way in which legal professionals attempt to influence the outcomes of a case is by attempting to get a judge or court to assume a certain view of the evidence. For example, if expert testimony about weather conditions at a particular location has been given, a legal professional may claim that it supports their point of view. This can often be successful because the weather conditions at the time are irrelevant to the issue of negligence at that time. However, legal professionals must know that their actions have a potentially detrimental impact on the credibility of the court as an impartial arbiter. Such actions are known as judicial review and can seriously damage a lawyer’s reputation in the future.
- Share:
