Assignment on Advocate Immunity
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Added on 2020-07-22
Assignment on Advocate Immunity
Added on 2020-07-22
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LEGAL ETHICS:ADVOCATEIMMUNITY
Table of ContentsLEGAL ETHICS: ADVOCATE IMMUNITY...............................................................................1INTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1CONCLUSION................................................................................................................................3REFERENCES................................................................................................................................4
INTRODUCTIONAdvocates plays an important role in understanding arguing in courts on the legal issuesbeing faced by the clients. Advocate's immunity protects the rights of advocates acting as abarrister or solicitor from charge of negligence related to courtroom litigation (What isAdvocate's Immunity, 2014). According to the given scenario, X Corporation Pty. Ltd. has suedLegal Eagle on the grounds of negligence, being conducted by the barrister at the time oflitigation. The report discusses about various case laws which are close to the problem faced byboth the parties. Moreover, various aspects of advocate's immunity are also discussed. Further, inthe end, advice has been provided to both the parties based on the concept of advocate'simmunity.MAIN BODYAccording to the law of Australia, the doctrine of advocate's immunity providesprotection to the advocates against any claim arising based on the conduct of litigation. The partyinvolved is not allowed to sue the lawyer based upon work performed by him that led to affectthe decision. It has been assumed that the lawyers are under lot of stress and the omission ornegligence performed by them is unintentional (Bartlett and et.al., 2017). Many times, they arerequired to take on spot decision therefore, they have the right to enjoy the immunity. It is thepowerful that has been enjoyed the lawyers to Australia even when the advocacy immunity hasbeen abolished by various countries including New Zealand, Canada and United Kingdom. Therule of advocates' immunity is relevant and confirmed by the high court of Australia after itsdecision on the case D'Orta-Ekenaike v Victoria Legal Aid in 20051. However, doctrine ofadvocate's immunity does not apply where negligent legal advices are out of court room to aclient for settlement. The provision prevents unhappy clients to sue his lawyer over his conductof litigation. The purpose is to avoid re litigation for which court has already given a verdict.Critics argued that the lawyers have got this immunity but it is not enjoyed by any otherprofession. The immunity does not safeguard the rights of client and does not provide anyremedy of negligent advice given to them. The provision is also misused by many lawyers1D’Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12 1
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