Protection of the guilty

Economics and criminal defence lawyering ... The creation of a GETGO system ... Ethical rules and the twiddly bits ... Prosecutors are meant to stand still, while the other side does all the shooting ... How do I know whether I am guilty or not until I have seen the evidence? (Irish joke)

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Making the law fit

J.J. Spigelman says it's easy for judges to make the law fit the result they want ... Plenty of froufrou can be conjured to enhance the judicial image ... Tulkinghorn opines on the secret lives of judges ... The curtain opens for a minute

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Judicial flat earthers clinging to the edge

There is more litigant satisfaction in Baden-Württemberg than in New South Wales ... Cases are conducted more quickly and at less cost ... The Marfording report on civil litigation picks-up where the ALRC failed to take off ... Tulkinghorn reports

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Tulk would hire Kirby at the Pearly Gates

Michael Kirby swaps horses on our justice system ... When it operates, it operates very well ... How often might that be? ... Former High Court judge says there are not enough lawyers in politics ... Tulkinghorn thinks Kirby might have lost it

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Reverse olfactory reference disorder

Clients can't be smelt, even when they pong ... The GFC brought on with the valuable assistance of commercial lawyers ... They may not understand the documents ... But they understand how to bill ... Tulkinghorn on involuntary inertial disorder

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Snake oil regulation

Lawyer advertising … Self-regulation keeps the lean and hungry lawyers at bay and controls the snake oil salesmen … Ad hocery galore … Why should the industry trade unions decide what lawyers can spruik? ... Brydens (when winning is everything) takes on the regulators … Tulkinghorn goes to town

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Seeing the emperor's new clothes

The study of law is rather like the study of theology … Waffly concepts abound – like “judicial independence” ... Tulkinghorn argues that law schools have about as much place in a modern university as schools of fencing or dancing

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Doctors v Lawyers

The tricky business of making doctors liable for their negligence, while exempting lawyers from liability for theirs … With the High Court on side, how can the lawyers lose? ... Tulkinghorn teases the issue

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Judicial spin

Last week Vic CJ Marilyn Warren told a room of journalists that “judges don’t spin” ... Oh yes they do … Some of them not very cleverly … What Marilyn needs is proper spin training from Spiggsie Spigelman … Tulkinghorn investigates ...

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Plunderable matter

When lawyers "follow the fees" where does that lead the legal system? ... The business of privately funded criminal defence lawyers ... Why lawyers swapped horses ... Tulkinghorn traces the history ... From Justinian's archive, September 10, 2008 

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Forget Senior Counsel, let's try "Super Lawyer"

New Jersey tried to stamp-out out “self-aggrandising” titles such as “Super Lawyer”. Actually the “Super Lawyer” selection process was superior to those that are used here to appoint new Senior Counsel

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