Pleadings in defence

Press, Volume CXV, Issue 34031, 20 December 1975, Page 14

Pleadings in defence

How far should a lawyer be obliged to check the accuracy of information given him by his client before he pleads that information in his client’s defence before a court? The question has been raised by a correspondent to “The Press” whose letter is reported on this page today. He claims that third parties, not present in court, were maligned by an unsubstantiated plea by counsel in mitigation of an accused person s behaviour. Deliberate falsification of evidence would be a most serious matter and no reputable lawyer would practise or condone it. The suspicion has been raised, however, that lawyers do not always check as thoroughly as they might the information supplied to them. According to the president of the Canterbury District Law Society (Mr A. Hearn) “ within the limits of time and reasonable opportunity, even effort is made to check the accuracy of what is said ". But a determination to assist their clients—even at the expense of unrepresented third parties—would show a disappointing lack of social responsibility on the part of lawyers

Magistrates may need to be more stringent in deciding what matters contained in a plea should be accepted without further proof. To insist that all evidence, however trivial, be substantiated by witnesses on oath could make the conduct of the courts unmanageable. Magistrates often have access to material such as probation reports which is not available in open court, but which assists them to make up their minds about the reliability of information from other sources. No doubt the Bench also takes note of the manner in which materia! in lawyers pleadings is introduced The particular matter raised by the correspondent to “ The Press ” has been dealt with and is not at issue: the principle of the accuracy of information contained in pleas, especially when it involves the reputations of other parties not present to defend themselves, deserves further careful consideration by those responsible for the proceedings of the courts.