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Lawyers have a very particular role in the adversarial system, and a corresponding set of ethical requirements. In the 2000s in Victoria, Nicola Gobbo, a criminal defence barrister became a secret, registered informer with the police. She arranged for some clients to give evidence against other clients, arguably framing them. In one case, Faruk Orman served 12 years in prison, 3 of which were in solitary confinement, for a crime which he maintained throughout he did not commit. Eventually, the arrangement came to light, the High Court ordered that Ms Gobbo's identity be disclosed and a Royal Commission was immediately established to establish the facts in numerous cases. Faruk Orman's conviction was overturned by the Victorian Court of Appeal as a serious miscarriage of justice. Nicola Gobbo's conduct breached several fundamental ethical requirements. In this episode, we speak to Mr Orman's solicitor, Ruth Parker, about that case and more generally about the lawyer's role.

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The Rule of Law may be a great ideal, but does it mean anything if in practical terms many people do not have access to legal advice and adjudication. In this episode we look at the barriers to access to justice and some of the ways in which these barriers are at least partially overcome, including Alternative Dispute Resolution and the emerging Online Dispute Resolution.

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Juries make for great books and movies, but what really is their role in the adversarial system? Do they lead to fair decisions? Are they too expensive, leading to court backlogs? Have they had their day? In this episode we look at the jury, its history, and why it is mainly a feature of common law systems.

For the transcript of this episode and further reading, visit https://lawincontext.com.au/the-jury/

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How can we ensure that those who judge between government, citizens, or businesses are impartial? All Rule of Law systems have protections for judicial independence, to promote impartiality. But there are weak spots, as we explore in this episode.

For the transcript of this episode and further reading, visit https://lawincontext.com.au/judges/

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Parliaments make laws. But so do judges. International treaties may also be a source. And it gets even more complicated.

For the transcript of this episode and further reading, visit https://lawincontext.com.au/where-does-law-come-from/

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The adversarial system of justice came from the English common law and spread. It is contrasted with the inquisitorial system found in non-Anglo democracies.

For the transcript of this episode and further reading, visit https://lawincontext.com.au/adversarial-system/

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The Rule of Law is central to understanding legal systems in democracies. It all begins here.

For the transcript of this episode and further reading, visit https://lawincontext.com.au/rule-of-law/

For more information about your hosts and the Law in Context podcast series visit our website at https://lawincontext.com.au