The ethics of public interest lawyering - evidence based practice and equality before the law

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Curran, L. ORCID: 0000-0002-6371-2975, 2024. The ethics of public interest lawyering - evidence based practice and equality before the law. In: International Legal Ethics Conference, Amsterdam Law School, 17-19 July 2024.

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Abstract

Problems with access to justice around the world present a significant barrier. This is a real problem in democracies. Why? Because underpinning an effective democracy is the rule of law which requires substantive equality before the law. The paper argues that lawyers have a fundamental ethical obligation to ensure that they address these barriers in the ways in which they work. Theory on this and the standards in the UK and Australia are presented as case studies.

The overwhelming body of research demonstrates that the poor and those who experience disadvantage by reasons of their race, colour, health, disability, age etc. cannot avail themselves of the law for a range of complex reasons. This exposes people to poor practice, maladministration, unethical behaviour and often abuse by those who hold power and authority. This has been exemplified in Australia by the Robo-debt policy of the government and in the United Kingdom by the Post Office scandal. These practices were predicated on people not being able to access their rights or enforce them. This entices powerful and influential organisations to exploit and cover up broken or exploitative conduct.

This paper looks at Curran's research in the two jurisdictions - Australia and the United Kingdom. It examines the important role that public interest lawyering that is connected to grassroots communities can play in ensuring accountability and ethical conduct. This includes an examination of multi-disciplinary practices, ‘the values of ‘mixed models’ of legal service delivery connected with pro bono services and community organisations and movement lawyering. It explores the importance of this work as an ethical obligation of lawyers for the common good. It will draw from the research examples of good practice in access to justice measures alongside examples of what occurs when there is a failure to provide access to justice. References are provided.

Item Type:

Conference contribution

Creators:

Curran, L.

Date:

July 2024

Identifiers: