This collection discusses the concept of ‘poor-quality’ criminal defence representation and assistance, so-termed ‘poor lawyering’. It does so from diverse perspectives, including legal and criminological. The work presents an overview of the issue of the quality of legal assistance in criminal proceedings, so allowing a better understanding of the potential limits and problems. The volume is divided into three parts which, over fourteen chapters, offer analyses of poor lawyering across: national and supranational legal systems, including, Belgium, Germany, Greece, Italy, England & Wales, the United States and the European Court of Human Rights; the specific challenges of poor lawyering, such as, regulation of counsel before the International Criminal Court, through codes of conduct, and in cross-border proceedings within Europe; the individual fault and external pressures of criminal defence lawyers; the ‘missed opportunity’ of pre-charge engagement; the importance of insights from legal and criminological psychology; and the role of neurodivergent defendants in the adaptation of the defence lawyer’s assistance. The collection concludes with a transversal and comparative analysis of the effectiveness of defence and the independence of lawyers. With contributions from academics and practitioners from a range of backgrounds, the book will be a valuable resource for students, academics, researchers and policy-makers working in the area of Criminal Justice.
This book discusses the concept of ‘poor-quality’ criminal defence representation and assistance. It does so from diverse perspectives, including legal and criminological. It presents an overview of the issue of the quality of legal assistance in criminal proceedings, allowing a better understanding of the potential limits and problems.
PREFACE. Andrew Sanders. INTRODUCTION. Ashlee Beazley. PART I: NATIONAL
AND SUPRANATIONAL PERSPECTIVES ON POOR LAWYERING. CHAPTER 1POOR LAWYERING IN
BELGIUM: JUDICIALLY CURED OR A FORCE MAJEURE?. Ashlee Beazley and Tuur Van
der Wee. CHAPTER 2INEFFECTIVE LEGAL REPRESENTATION IN GERMANY: EXAMINING
POOR LAWYERING AND SYSTEMIC BARRIERS, WITH A FOCUS ON PRELIMINARY
PROCEEDINGS. Laura Farina Diederichs. CHAPTER 3GOOD AND POOR LAWYERING
IN CONTINENTAL LAW: THE CRIMINAL DEFENCE LAWYER IN GREECE AS A CASE STUDY.
Dimitrios Giannoulopoulos. CHAPTER 4POOR LAWYERING IN ITALY. Michele
Panzavolta. CHAPTER 5POOR LAWYERING IN ENGLAND & WALES AND THE
(POST-)APPELLATE SYSTEM: A REMEDY OR A PLACEBO? Ashlee Beazley. CHAPTER
6LOOK FORWARDS, NOT BACKWARDS: A PERSPECTIVE ON LAWYERING IN THE UNITED
STATES. Charles D. Weisselberg. CHAPTER 7THE ECtHR AND THE MANIFEST TEST
FOR INEFFECTIVE LEGAL ASSISTANCE: TIME FOR A REWORKING? Maciej Fingas. PART
II: POOR LAWYERING CHALLENGES IN PRACTICE. CHAPTER 8THE ROLE OF REGULATION
IN CONTROLLING THE STANDARDS OF COUNSEL AT THE INTERNATIONAL CRIMINAL COURT.
Michael Herz. CHAPTER 9CODES OF CONDUCT AND PROFESSIONAL REGULATION: SHOULD
THE BAR ASSOCIATIONS DO MORE TO ENSURE THEIR MEMBERS ARE MEETING MINIMUM
STANDARDS OF QUALITY? Federico Cappelletti. CHAPTER 10LESSONS FROM POOR
LAWYERING IN ENGLAND & WALES: INDIVIDUAL FAULT AND EXTERNAL PRESSURES. James
Thornton. CHAPTER 11POOR LAWYERING: THE MISSED OPPORTUNITY OF PRE-CHARGE
ENGAGEMENT. Ed Johnston. CHAPTER 12NEURODIVERGENT DEFENDANTS AND THE POOR
LAWYER: HOW MIGHT DEFENCE LAWYERS ADAPT TO THEIR CLIENTS NEEDS? Tom Smith.
CHAPTER 13THE IMPORTANCE OF INSIGHTS FROM LEGAL AND CRIMINOLOGICAL
PSYCHOLOGY FOR IMPROVING CRIMINAL DEFENCE PRACTICE. Lore Mergaerts. PART III:
CONCLUSIONA TRANSVERSAL PERSPECTIVE ON POOR LAWYERING. CHAPTER 14POOR
LAWYERING IN CRIMINAL CASES: A CRITICAL COMPARATIVE APPRAISAL BETWEEN
EFFECTIVENESS OF DEFENCE AND INDEPENDENCE OF LAWYERS. Michele Panzavolta.
Ashlee Beazley is a postdoctoral research associate at the Leuven Institute of Criminology (LINC), KU Leuven. She holds a PhD from the KU Leuven, where she defended her thesis on Poor Lawyering: A Comparative Study of the Quality of Criminal Defence Assistance in England and Belgium in 2023. Her research interests include comparative criminal law and procedure, European criminal law, legal history, legal ethics, and defence and fair trial rights.
Michele Panzavolta is Professor of Criminal Law at the Leuven Institute of Criminology (LINC), KU Leuven. He has academic experience in different countries and has worked as a criminal attorney and as a parliamentary consultant. He specialises in European and comparative criminal law and procedure, with a particular focus on the protection of individual rights in criminal matters. His main research interests are in judicial cooperation and procedural rights, evidence, intelligence-related topics, financial crime and asset recovery, and cybercrime.
Andrew Sanders is an emeritus professor at the University of Warwick. He was head of Warwicks School of Law from January 2019 to June 2022. He was formerly head of the School of Law, Politics and Sociology at the University of Sussex from 2015 to 2019. He has previously worked at the University of Bristol, University of Manchester, and University of Birmingham. At both Birmingham and Manchester he was head of department for several years. He researches in the area of criminal justice: prosecutions, suspects' rights, police powers, courts, and victims of crime.
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