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Remove advocates' immunity

This petition had 136 supporters


Equality under the law is supposed to be a fundamental tenet of the rule of law, yet lawyers in Australia have been granted a unique immunity that effectively places them above the law - no matter how negligently a lawyer handles a case, they are protected from being sued for work that is in any way related to a court or other hearing, even if their negligence causes or contributes to you being wrongfully imprisoned.

As well, the current situation provides no disincentive to discourage lawyers from being negligent in preparing their clients’ cases, and too often results in people being wrongfully imprisoned as a result of either such negligence, or through being given incorrect advice that suits the lawyers’ agendas. Yet no matter how serious the loss of liberty or financial security that a lawyer may cause their client through negligent actions or poor advice, said client has no recourse in law to seek recompense.

UPDATE: Removing advocates' immunity is but the first step, and will have little effect on its own as lawyers have protected themselves using a myriad of means, including disclinary bodies that have seemingly been set up more to protect corrupt lawyers than to discipline them, hence the second petition:

http://www.change.org/petitions/parliament-of-australia-senate-provide-australians-with-unbiased-and-effective-legal-disciplinary-bodies

more coming soon - for now see

http://www.lawhandbook.org.au/handbook/ch02s02s06.php#

http://www.news.com.au/national/ancient-law-allows-negligent-firm-to-dodge-675k-payment/story-e6frfkvr-1226299360580

http://skepticlawyer.com.au/2008/10/10/advocate-immunity/

http://flac.htmlplanet.com/reports/letterBD2.htm

http://lawyerslawyer.net/2007/05/09/wa-supreme-court-says-advocates-immunity-applies-to-misleading-and-deceptive-conduct-claims-against-lawyers/

http://www.independentaustralia.net/2011/human-rights-2/the-victorian-injustice-system/

And if you like this petition you may also like:

http://www.gopetition.com/petitions/truth-in-justice-reform-adversarial-legal-system-to-i.html

 

 

 



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