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The Licence of Counsel Controversy The Licence of Counsel Controversy
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Henry Brougham and the Heroic in Advocacy Henry Brougham and the Heroic in Advocacy
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Thomas Noon Talfourd: Advocacy and Human Nature Thomas Noon Talfourd: Advocacy and Human Nature
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Professional Ethics Professional Ethics
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Expressions of Personal Belief Expressions of Personal Belief
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6 The Limits of Adversarialism
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Published:January 1999
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Abstract
The enactment and implementation of the Prisoners' Counsel Act was followed almost immediately by controversy. The public and the press did not share the unqualified enthusiasm of the Act's promoters for adversarialism, and condemned some of the more zealous displays of defence advocacy under the new procedure as distasteful, deceptive, and immoral. The recurring criticisms in the press of forensic morality prompted an examination in legal literature of the duties of counsel. Some lawyers, particularly Lord Brougham, advocated an uncompromisingly adversarial conception of the duties of counsel which made commitment to the client the first forensic virtue and demanded that counsel exploit all expedient means to obtain the verdict. The predominant view was that there were moral qualifications on counsel's duty to his client, but the limits of adversarialism under this view were difficult to identify with precision.
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