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Poor Defence Lawyering in Criminal Proceedings: A Comparative View

Poor Defence Lawyering in Criminal Proceedings: A Comparative View

Author: Ashlee Beazley; Michele Panzavolta; Andrew Sanders
Publisher: Routledge
ISBN: 9781032537467
Published In: July 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

INTRODUCTION.

Ashlee Beazley.

PART I: NATIONAL AND SUPRANATIONAL PERSPECTIVES ON POOR LAWYERING

CHAPTER 1—POOR LAWYERING IN BELGIUM: JUDICIALLY CURED OR A FORCE MAJEURE?

Ashlee Beazley and Tuur Van der Wee

CHAPTER 2—INEFFECTIVE LEGAL REPRESENTATION IN GERMANY: EXAMINING POOR LAWYERING AND SYSTEMIC BARRIERS, WITH A FOCUS ON PRELIMINARY PROCEEDINGS

Laura Farina Diederichs

CHAPTER 3—‘GOOD’ AND ‘POOR’ LAWYERING IN CONTINENTAL LAW: THE CRIMINAL DEFENCE LAWYER IN GREECE AS A CASE STUDY

Dimitrios Giannoulopoulos

CHAPTER 4—POOR LAWYERING IN ITALY

Michele Panzavolta

CHAPTER 5—POOR LAWYERING IN ENGLAND & WALES AND THE (POST-)APPELLATE SYSTEM: A REMEDY OR A PLACEBO?

Ashlee Beazley

CHAPTER 6—LOOK FORWARDS, NOT BACKWARDS: A PERSPECTIVE ON LAWYERING IN THE UNITED STATES

Charles D. Weisselberg

CHAPTER 7—THE ECtHR AND THE ‘MANIFEST’ TEST FOR INEFFECTIVE LEGAL ASSISTANCE: TIME FOR A REWORKING?

Maciej Fingas

PART II: POOR LAWYERING CHALLENGES IN PRACTICE

CHAPTER 8—THE ROLE OF REGULATION IN CONTROLLING THE STANDARDS OF COUNSEL AT THE INTERNATIONAL CRIMINAL COURT

Michael Herz

CHAPTER 9—CODES OF CONDUCT AND PROFESSIONAL REGULATION: SHOULD THE BAR ASSOCIATIONS DO MORE TO ENSURE THEIR MEMBERS ARE MEETING MINIMUM STANDARDS OF QUALITY?

Federico Cappelletti

CHAPTER 10—LESSONS FROM POOR LAWYERING IN ENGLAND & WALES: INDIVIDUAL FAULT AND EXTERNAL PRESSURES

James Thornton

CHAPTER 11—‘POOR LAWYERING’: THE MISSED OPPORTUNITY OF PRE-CHARGE ENGAGEMENT

Ed Johnston

CHAPTER 12—NEURODIVERGENT DEFENDANTS AND THE POOR LAWYER: HOW MIGHT DEFENCE LAWYERS ADAPT TO THEIR CLIENTS’ NEEDS?

Tom Smith

CHAPTER 13—THE IMPORTANCE OF INSIGHTS FROM LEGAL AND CRIMINOLOGICAL PSYCHOLOGY FOR IMPROVING CRIMINAL DEFENCE PRACTICE

Lore Mergaerts

PART III: CONCLUSION—A TRANSVERSAL PERSPECTIVE ON POOR LAWYERING

CHAPTER 14—POOR LAWYERING IN CRIMINAL CASES: A CRITICAL COMPARATIVE APPRAISAL BETWEEN EFFECTIVENESS OF DEFENCE AND INDEPENDENCE OF LAWYERS

Michele Panzavolta