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Compulsory barrister testing needed: ex-judge

29 October 2008

Professor George Hampel AM QC

A Monash University law professor and former Supreme Court judge has called for the introduction of high-level compulsory training and assessment of all aspiring Australian barristers to address the problem of incompetent representation of clients.

Professor George Hampel AM QC said every state's Bar should introduce rigorous assessments to ensure lawyers had acquired a minimum level of competence before they could act as barristers.

He said solicitors should also have to pass some form of assessment and accreditation before they were allowed to act as advocates.

"The overall quality of barristers in Australia is good but a significant minority of barristers do not have sufficient skills and should not be representing clients," Professor Hampel said.

"Judges are constantly reporting cases of barristers showing insufficient preparation, legal research, knowledge of basic case law, legislation and advocacy skills.

"Ultimately the people who suffer are clients, who face a serious risk of injustice."

Professor Hampel said the court system also suffered from poor advocacy because it was much harder for judges to conduct cases and run an efficient system when they were receiving insufficient assistance from barristers and other advocates.

"Training courses are compulsory for aspiring barristers in most states but most courses don't conclude with aspiring advocates being assessed to ensure achievement of adequate competence in basic skills such as development of case theory, witness examination, presenting argument and addressing juries," Professor Hampel said.

"The assessments that do exist are not adequate for ensuring basic competence."

Professor Hampel has chaired the Australian Advocacy Institute (AAI) since 1991. The organisation is a world leader in advocacy training and conducts workshops for advocates in all common-law countries.

The AAI has just released a manual, written by Professor Hampel, which outlines the fundamental principles underlying competent advocacy and how they can be most effectively taught and assessed.

Professor Hampel said he hoped all states in Australia would use the manual as the basis for training and assessment of advocates.

Professor Hampel leads Advocacy: theory and practice in the Monash Postgraduate law program.