Remove advocates immunity to ensure justice for all

Remove advocates immunity to ensure justice for all

The issue

I would like to call this petition the Angle-Grame Pasternak Petition as they have been my motivation for launching it.

In my personal experience, I encountered what I would describe as an incompetent lawyer who failed to inform me that I didn't have to give evidence, amongst many other failing. This situation was not only frustrating but deeply unsettling, as it highlighted a significant gap in our legal system that denies consumers their fundamental rights to seek recourse against professionals who fall short of their duties.

Advocates Immunity, a legal doctrine still upheld in certain jurisdictions, prevents individuals from holding their lawyers accountable in civil suits for negligence or misconduct that occurs during court proceedings. This effectively places lawyers above reproach, even when their actions may detrimentally impact the outcome of a client's case. Numerous other countries have recognized the inherent unfairness of this practice and have abolished Advocates Immunity, thereby restoring accountability and trust in their legal systems.

The protection of advocates under this rule undermines the essential principle of accountability that every service provider should adhere to. It strips away our consumer rights and leaves individuals like me with no means to seek justice when lawyers fail to perform their duties adequately. For instance, a study published in The Guardian highlights how similar legal protections were dismantled across the United Kingdom in 2002, ensuring that legal professionals are held to the same standard of responsibility as any other industry.

Australia currently remains one of the few remaining countries that still upholds this archaic practice. This is despite overwhelming evidence which suggests that its removal is necessary to ensure fairness and integrity in legal representation. According to a report by the Productivity Commission, eliminating Advocates Immunity could result in enhanced legal services and improved public confidence in the legal profession as a whole.

Our justice system should protect the interests of the public, not shield those who fail to perform their responsibilities competently. By reframing this outdated legal doctrine, we can pave the way for a more equitable legal landscape where individuals can have faith in the lawyers they engage, knowing that accountability is upheld.

Please sign this petition to urge the Australian government to remove Advocates Immunity, aligning with global standards and protecting the rights of all citizens to pursue justice.

What this law does is robs you of consumer protection and equal rights by making lawyers untouchable no matter how they perform.

One point made against removing Advocates immunity are that it gives finality of judgments.  This could easily be overcome by not allowing retrials because of negligent lawyers but still allowing clints to sue for the damage a negligent lawyer has caused.

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The issue

I would like to call this petition the Angle-Grame Pasternak Petition as they have been my motivation for launching it.

In my personal experience, I encountered what I would describe as an incompetent lawyer who failed to inform me that I didn't have to give evidence, amongst many other failing. This situation was not only frustrating but deeply unsettling, as it highlighted a significant gap in our legal system that denies consumers their fundamental rights to seek recourse against professionals who fall short of their duties.

Advocates Immunity, a legal doctrine still upheld in certain jurisdictions, prevents individuals from holding their lawyers accountable in civil suits for negligence or misconduct that occurs during court proceedings. This effectively places lawyers above reproach, even when their actions may detrimentally impact the outcome of a client's case. Numerous other countries have recognized the inherent unfairness of this practice and have abolished Advocates Immunity, thereby restoring accountability and trust in their legal systems.

The protection of advocates under this rule undermines the essential principle of accountability that every service provider should adhere to. It strips away our consumer rights and leaves individuals like me with no means to seek justice when lawyers fail to perform their duties adequately. For instance, a study published in The Guardian highlights how similar legal protections were dismantled across the United Kingdom in 2002, ensuring that legal professionals are held to the same standard of responsibility as any other industry.

Australia currently remains one of the few remaining countries that still upholds this archaic practice. This is despite overwhelming evidence which suggests that its removal is necessary to ensure fairness and integrity in legal representation. According to a report by the Productivity Commission, eliminating Advocates Immunity could result in enhanced legal services and improved public confidence in the legal profession as a whole.

Our justice system should protect the interests of the public, not shield those who fail to perform their responsibilities competently. By reframing this outdated legal doctrine, we can pave the way for a more equitable legal landscape where individuals can have faith in the lawyers they engage, knowing that accountability is upheld.

Please sign this petition to urge the Australian government to remove Advocates Immunity, aligning with global standards and protecting the rights of all citizens to pursue justice.

What this law does is robs you of consumer protection and equal rights by making lawyers untouchable no matter how they perform.

One point made against removing Advocates immunity are that it gives finality of judgments.  This could easily be overcome by not allowing retrials because of negligent lawyers but still allowing clints to sue for the damage a negligent lawyer has caused.

The Decision Makers

Michelle Rowland
Shadow Minister for Communications
Anthony Albanese
Prime Minister of Australia

Petition Updates