Lawyers’ teams
There is evidence to support the view that a team approach is one of the most successful ways to
help lawyers go “above and beyond” in capital cases. ABA Guidelines established minimum
performance standards for lawyers taking death penalty cases in the United States. Experts have
agreed that the promotion, under the guidelines, of legal teams, which can bring a range of
experience and expertise to life and death cases, has brought about the most improvement.
The use of legal teams in death penalty cases in Asia appears to be limited. In interviews conducted
by TAEDP, Taiwanese lawyers reported that death penalty cases were complex, requiring special
attention to the sentencing phase. They felt that without a group of lawyers the workload would be
overwhelming and it would be difficult to provide an effective defence. The lawyers also felt it would
difficult to achieve equality of arms between the defendant and the prosecution team. The existence
of a team would also affect the lawyer’s willingness to take on the case. In Taiwan, teams also
provide an opportunity for experienced lawyers to pass on their knowledge and skills to those
representing capital cases for the first time.
In China, wealthy clients may be able to hire a team of lawyers to help at every stage of a death
penalty case and offer compensation to victims. However, indigent defendants will not benefit from
such a range of experience and can only hope that their legal aid lawyer is motivated.
There is a lack of professional training for lawyers across Asia specifically
on the death penalty. However, in some countries civil society
organisations fill a gap where official providers fall short.
Training
Our survey asked researchers to explore the provision of post-qualification training. With defence
lawyers expected to go “above and beyond” in death penalty cases there is a need for death penalty
specific training. Researchers, however, found that, across Asia, there is a lack of professional
training for lawyers focussing on the death penalty. Death penalty specific training is most likely to
be unavailable in countries where the death penalty is very rare and lawyers see little need to spend
time developing such skills. In some countries, civil society organisations help to fill a gap where the
profession or official providers fall short. In China, where there is little space for an independent civil
society to advocate on criminal justice and human rights, the provision of additional training is far
more difficult.
JPP argues that in Pakistan, despite the establishment of the Pakistan Bar Council and the Provincial
Bar Councils in 1973, there is a lack of ongoing professional and ethical training for lawyers. Some
lawyers surveyed report that the Punjab Bar Council holds training sessions occasionally. However,
the fact that most lawyers are not aware of these training sessions reflects failure on the part of the
Bar Councils who are responsible for their members. In the absence of training provided by the Bar,
NGOs have tried to fill the gap.
18
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