The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice. It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel is not competent, there is a risk that counsel�s acts or omissions may cause or contribute to a miscarriage of justice. The Crimes Act 1961 allows an accused to appeal against their conviction on the basis that they have been the subject of a miscarriage of justice through the conduct of their counsel. The thesis analyses the Supreme Court decision of R v Sungsuwan that sets out the test that an appellate court must consider when deciding to allow an appeal based on the conduct of counsel. The thesis examines 239 Court of Appeal decisions between 1996 and 2007 that have considered appeals from jury trials where at least one of the grounds of appeal was that defence counsel caused or contributed to a miscarriage of justice. The thesis notes the increasing trend to use "conduct of counsel" as a ground of appeal. In 1996 there were 4 appeals; in 2006 there were 43 such appeals and in 2007 there were 29 appeals. During the period under review the Court of Appeal allowed the appeal and specifically held that counsel�s conduct, either alone or in combination with other grounds, caused or contributed to a miscarriage of justice in 41 cases. The thesis analyses the common complaints made by an accused against trial counsel and the common areas where the Court of Appeal upheld complaints against counsel. The thesis takes into account the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyer: Conduct and Client Care) Rules 2008 that came into existence on 1 August 2008. The new legislation places particular emphasis on the obligations of counsel to uphold the rule of law and to facilitate the administration of justice in New Zealand. Counsel also has an obligation to protect the interests of their clients. The thesis concludes that the plethora of cases coming before the Court of Appeal, and the number of appeals allowed by the Court, demonstrate defence counsel do not always protect the interests of their clients and can cause or contribute to a miscarriage of justice. The thesis makes a number of recommendations that may reduce the risk of both an accused appealing on the basis on the conduct of counsel and an appeal being allowed on the basis of the conduct of counsel. In particular, it is suggested that there should be greater degree of co-operation between the New Zealand Law Society and the Legal Services Agency to ensure the maintenance of high standards among criminal defence lawyers.

No description available.

This study explores the differences (and similarities) between sentencing reform and the legal practices of criminal defence lawyers. This research specifically focuses on Section 718.2 (e) of the Criminal Code, which is aimed at reducing the use of imprisonment for Aboriginal offenders and the application of the section in the Supreme Court’s 1999 decision R .v. Gladue. It investigates whether or not the section and/or Gladue has affected the legal practices of criminal defence lawyers and if so, how. The practice of lawyers, in this study, is conceptualized as structured action. The agency of lawyers is thus constrained and enabled by both macro and micro processes. These include traditional legal ideology, managerial/organizational ideology, presuppositions surrounding Aboriginality as well as the broader socio-political context of neo-liberalism and neo-conservativism. How the practices of defence lawyers either reflect or contradict the section and Gladue is examined through the oral narratives of lawyers—obtained through in-depth semi-structured interviews with twelve defence lawyers. The findings of this analysis show that the vast majority of lawyers were not integrating the section or Gladue in their defence strategies. This suggests that efforts to remedy the issue of Aboriginal over-incarceration need to be aware of the complexity of criminal justice processes, the agency of lawyers and the broader social and political context. / October 2008

Thesis (Ph. D.)--University of Missouri-Columbia, 2001. / Typescript. Vita. Includes bibliographical references (leaves 144-152). Also available on the Internet.

Thesis (Ph. D.)--University of Missouri-Columbia, 2001. / Typescript. Vita. Includes bibliographical references (leaves 144-152). Also available on the Internet.

Thesis (doctoral)--Universität, Leipzig, 2001/2002.

M.Tech. Business Administration. Business School. / Involvement in the attorney's profession makes it clear that the training of attorneys does not make sufficient provision in the fields of management and accounting. This led to the research of a business plan model, and the question was raised whether it is possible to develop a standard business plan. As it appears that there is a gap in the syllabus of the training of attorneys, it is recommended that a thorough analysis of the training of attorneys be done. An empirical task analysis of the running of a practice will be the scientific way to determine which skills an attorney needs. A follow-up study should be done with a control group over an extended period. The once-off use of the business plan is not sufficient and should be adjusted and changed when necessary on a continuous basis.

This study investigates the effect of founders socialization experiences and contextual interpretations on the deviation of recently-established law firms from the dominant organizational form in the B.C. legal profession. Through this research I address three issues fundamental to the neo-institutional perspective on organizational analysis: 1) whether consensually-understood frameworks exist in highly-institutionalized environments, 2) the extent to which new entrants to such industries reproduce or depart from these prescribed arrangements, and 3) why some conform while others deviate. In the first phase of my investigation, I ascertained the nature of the legal profession s dominant template for organizing by analyzing qualitative data collected from multiple data sources including both observers of and practitioners within this industry. I subsequently validated this template by collecting quantitative data through a survey administered to a panel of lawyers. The results support the existence of a commonly- perceived template for organizing in the B.C. legal profession. In the second phase of my research, I investigated sixty recently-established law firms in B.C. Through a background questionnaire and personal interview conducted with the founder of each firm, I collected data on multiple dimensions of form, the founder s experience, and his or her rationale for designing the firm in a certain way. I also administered a survey to a separate panel of lawyers, to obtain their perceptions of the extent to which alternative arrangements differed from those of the dominant template. This data was used to calculate deviation measures for the recentlyestablished firms. The results revealed that, despite the prevalence with which founders voiced disenchantment with the dominant template, 85% of their firms exhibited very little deviation from the normative form. Thus, it appears that most new entrants to a highlyinstitutionalized setting act primarily as agents of institutional perpetuation rather than entrepreneurship. The 15% that exhibited greater deviation tended to be headed by founders with less experience in the industry s most prominent organizations and by those who most strongly questioned the moral legitimacy of prevailing organizational arrangements. Experience in marginal organizations or other industries, as well as doubts about the dominant template s pragmatic legitimacy, were insufficient triggers of new entrant deviation.

This study explores the differences (and similarities) between sentencing reform and the legal practices of criminal defence lawyers. This research specifically focuses on Section 718.2 (e) of the Criminal Code, which is aimed at reducing the use of imprisonment for Aboriginal offenders and the application of the section in the Supreme Court’s 1999 decision R .v. Gladue. It investigates whether or not the section and/or Gladue has affected the legal practices of criminal defence lawyers and if so, how. The practice of lawyers, in this study, is conceptualized as structured action. The agency of lawyers is thus constrained and enabled by both macro and micro processes. These include traditional legal ideology, managerial/organizational ideology, presuppositions surrounding Aboriginality as well as the broader socio-political context of neo-liberalism and neo-conservativism. How the practices of defence lawyers either reflect or contradict the section and Gladue is examined through the oral narratives of lawyers—obtained through in-depth semi-structured interviews with twelve defence lawyers. The findings of this analysis show that the vast majority of lawyers were not integrating the section or Gladue in their defence strategies. This suggests that efforts to remedy the issue of Aboriginal over-incarceration need to be aware of the complexity of criminal justice processes, the agency of lawyers and the broader social and political context.

This study explores the differences (and similarities) between sentencing reform and the legal practices of criminal defence lawyers. This research specifically focuses on Section 718.2 (e) of the Criminal Code, which is aimed at reducing the use of imprisonment for Aboriginal offenders and the application of the section in the Supreme Court’s 1999 decision R .v. Gladue. It investigates whether or not the section and/or Gladue has affected the legal practices of criminal defence lawyers and if so, how. The practice of lawyers, in this study, is conceptualized as structured action. The agency of lawyers is thus constrained and enabled by both macro and micro processes. These include traditional legal ideology, managerial/organizational ideology, presuppositions surrounding Aboriginality as well as the broader socio-political context of neo-liberalism and neo-conservativism. How the practices of defence lawyers either reflect or contradict the section and Gladue is examined through the oral narratives of lawyers—obtained through in-depth semi-structured interviews with twelve defence lawyers. The findings of this analysis show that the vast majority of lawyers were not integrating the section or Gladue in their defence strategies. This suggests that efforts to remedy the issue of Aboriginal over-incarceration need to be aware of the complexity of criminal justice processes, the agency of lawyers and the broader social and political context.