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The Bar must stand firm against QASA

While ostensibly we have to accept the ruling in Lumsdon, it seems a scheme that has so many obvious flaws and is founded upon so many misconceptions is bound to fail in the near future.

22 October 2014

The question for advocates is what to do next. The Bar indicated it would not submit to the quality assurance scheme for advocates (QASA) and that consensus appears to be holding.

What people must understand is that advocacy is already subject to scrutiny and assessment. An advocate is only as good as his last case. That principle has held true for centuries.

To say that independence of the advocate and of the judiciary is not at least seen to be impaired by the scheme is simply wrong. Any good advocate will have had to argue robustly with a judge who is intransigent. Those same advocates will have won and lost those arguments, but they will have all seen judges behave differently – sometimes downright offensively to them – after such clashes.

Any good advocate will have had to pacify a client who b...

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