City Research Online

Abstract

This chapter offers a legal cosmopolitan perspective into ‘good’ and ‘poor’ lawyering, by taking the continental legal system of Greece as a case study. The concepts of ‘good’ and ‘poor’ quality criminal defence practice are examined from the dual vista of the broader role of defence lawyers in criminal proceedings in Greece and their effective participation in custodial interrogation in practice. The former vista sheds light on the centrality of criminal defence lawyers in the criminal process, from a historic, institutional, cultural and contemporary procedural perspective, which then makes obvious the extent to which ‘good’ and ‘poor’ quality criminal defence practice can influence the criminal process and its outcomes. It also allows a reflection on potential denominators of ‘good’ and ‘poor’ quality criminal defence practice: competence, experience, manoeuvrability, empathy and even prestige, reputation and charisma in this way emerge as endogenous to ‘good’ lawyering in Greece, while disconcerting examples of ‘poor’ quality criminal defence services can be seen as underpinning entire areas of procedural and institutional practice such as in relation to legal aid or the postponement of criminal trials engineered by defence lawyers. In examining the second vista, the lens is adjusted to zoom in ‘good’ and ‘poor’ quality criminal defence practice in custodial interrogation. In doing this, the chapter moves beyond the identification of individual skills and attributes as denominators of ‘good’ and ‘poor’ quality criminal defence practice and rather draws attention to the procedural, institutional, professional and cultural ecosystems within which custodial legal advice and assistance are provided. ‘Good’ and ‘poor’ quality criminal defence practice thus cease to exclusively revolve around the defence lawyer as an individual who happens to either possess or lack the ability to effectively assist their client when questioned by the police (by drawing on the competence, knowledge, experience and other skills and attributes they may–or may not–possess) and the concept of ‘good’ lawyering obtains the potential to manifest itself as a procedural and institutional requirement that the police have control over and responsibility for. Once this logical step has been taken, we’re not too far from ultimately conceptualising good quality criminal defence practice as integral to the right to legal assistance and a fair trial guarantee that relevant institutional parties must provide the conditions for and safeguard.

Publication Type:	Book Section
Additional Information:	This is an Accepted Manuscript of a book chapter published by Routledge in Poor Defence Lawyering in Criminal Proceedings - A Comparative View on 31 July 2025, available online: https://www.routledge.com/Poor-Defence-Lawyering-in-Criminal-Proceedings-A-Comparative-View/Beazley-Panzavolta-Sanders/p/book/9781032537467
Subjects:	K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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