Lawyers on Trial

'Whelan has written a book that anyone interested in the law should queue to buy.' The Times

Lawyers are universally unpopular but is that justified? Aren't lawyers necessary for justice? This book uses real-world examples, case studies, and commentary from practitioners to answer this question and to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how lawyers tackle their conflicting duties, and highlights the choices lawyers everywhere routinely make through their power of decision.

What emerges are new ways of understanding the critical role lawyers play in society – and their professional responsibilities. This new edition considers the litigation surrounding Donald Trump and the role played by his lawyers. It includes a new chapter on SLAPPs and the way the law is used to advance clients' interests. It considers the role lawyers have played in recent miscarriages of justice in the UK (including the Post Office's Horizon scandal) and in Australia (including the overturning of Kathleen Folbigg's conviction).

‘Truth is so precious it should always be protected by a bodyguard of lies.’ Churchill said this about wartime deception plans, but lawyers’ clients may think their truth especially an 'inconvenient truth' is so precious it too should be protected. Lawyers are ‘bodyguards of lies’ when they use so called ‘tricks of the trade’ not only to keep clients’ secrets but to construct a reality that is far from real. But should they? Lawyers have a divided loyalty.

This book presents a unique and fascinating account of what happens when lawyers’ duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct.