- Vic: Barristers need more training, says ex-judge
- AAP
- 09/10/2008 Make a Comment
- Contributed by: moses ( 9 articles in 2008 )
MELBOURNE, Oct 9 AAP - A former Victorian Supreme Court judge has called for the compulsory training and assessment of aspiring barristers before they are allowed to represent clients in court.
Monash University law professor George Hampel, QC, says a significant minority of barristers do not have sufficient skill to represent clients.
"Judges are constantly reporting cases of barristers showing insufficient preparation, legal research, knowledge of basic case law, legislation and advocacy skills," Professor Hampel said.
"In other professions, such shortcomings would be regarded as negligence."
Prof Hampel said the fact that barristers had immunity from negligence claims for their work in court, further emphasised the need for training and rigorous assessment.
"The court system also suffers from poor advocacy because it is much harder to conduct cases and run an efficient system when they are receiving insufficient assistance from a barrister and other advocates," he said.
Prof Hampel, a Victorian Supreme Court judge from 1983 to 2000, has chaired the Australian Advocacy Institute since 1991 which is dedicated to improving advocacy skills and training.
He also called for those who teach advocacy skills to have to undergo training.
"There has long been a misconception that just because a person is a good advocate, they are necessarily a good advocacy teacher," he said.
Prof Hampel said even solicitors with no court training could represent clients before a judge.
The lawyer depicted in the Australian hit movie The Castle was a good example of someone inadequately trained to represent clients, he said.
"(Solicitors) get no training - they might go to a workshop but it's not enough."
He said the Victorian Bar had set up a house committee to review the current training course and its assessment process.
Monash University law professor George Hampel, QC, says a significant minority of barristers do not have sufficient skill to represent clients.
"Judges are constantly reporting cases of barristers showing insufficient preparation, legal research, knowledge of basic case law, legislation and advocacy skills," Professor Hampel said.
"In other professions, such shortcomings would be regarded as negligence."
Prof Hampel said the fact that barristers had immunity from negligence claims for their work in court, further emphasised the need for training and rigorous assessment.
"The court system also suffers from poor advocacy because it is much harder to conduct cases and run an efficient system when they are receiving insufficient assistance from a barrister and other advocates," he said.
Prof Hampel, a Victorian Supreme Court judge from 1983 to 2000, has chaired the Australian Advocacy Institute since 1991 which is dedicated to improving advocacy skills and training.
He also called for those who teach advocacy skills to have to undergo training.
"There has long been a misconception that just because a person is a good advocate, they are necessarily a good advocacy teacher," he said.
Prof Hampel said even solicitors with no court training could represent clients before a judge.
The lawyer depicted in the Australian hit movie The Castle was a good example of someone inadequately trained to represent clients, he said.
"(Solicitors) get no training - they might go to a workshop but it's not enough."
He said the Victorian Bar had set up a house committee to review the current training course and its assessment process.
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