The Court of Appeal accepts the central
importance of zealous advocacy, and it says the concept must be jealously protected and broadly construed, «but it is not absolute and must not be abused,» wrote the court.
This year's conference was titled «50 Years after Gault: Continuing to Fulfill the Promise
of Zealous Advocacy for Juveniles.»
They therefore possess the
skills of zealous advocacy honed in litigation, but couple those skills with the more subtle approaches employed in international arbitration.
But an accused person is not entitled to a boundless defence; the lawyer's duty is one
of zealous advocacy within the bounds of legality, not zeal unbounded.
The second involves the tension between the legal profession's broadly accepted duty of civility and the criminal defence bar's passionately guarded
duty of zealous advocacy, in which the risk of an accused's imprisonment trumps any genteel notions of civility.
Nevertheless, the judge found the appeal panel's test for measuring potential professional misconduct — that counsel must not impugn their opponents unless they make their allegations in good faith and on a reasonable basis — «fails to go far enough to protect the
importance of zealous advocacy.»
Does regulation ensure that lawyers fulfill their duty
of zealous advocacy?
Of course, this must be balanced against counsel's duty
of zealous advocacy (Rule 5.1).
All lawyers know they owe a duty
of zealous advocacy to their clients.
[139] The crucial point is that all participants in litigation and the public have a legitimate right to expect that the advocate's duty
of zealous advocacy will be tempered by the overriding duty to adhere to all the standards of the profession, including the duty to act with courtesy and civility and in good faith.
[133] The advocate's duty of professionalism encompasses both the duty
of zealous advocacy and the duty of courtesy and civility...
[132] The duty
of zealous advocacy must be jealously protected and broadly construed.