Five Reasons Why Lawyers May Fail in Court: Lessons from Papua New Guinea's National and Supreme Courts

 



Lawyers are essential players in the legal system, providing critical representation to clients and advocating for justice. While lawyers are highly trained and skilled, they can still fail to win court cases. There are many reasons why this can happen, including:

 1. Inadequate preparation

One of the primary reasons lawyers fail in court is due to a lack of preparation. Lawyers must thoroughly research and understand the legal issues at hand, as well as the relevant facts and evidence. Failure to do so can leave a lawyer unprepared to argue their client's position. For example, in the 2018 case of Mann v. Kerenga Kua, a lawyer's failure to prepare adequately led to his client's loss of a defamation case against the then-Attorney General of Papua New Guinea.

 2. Weak legal arguments

Lawyers must craft persuasive legal arguments in order to win in court. However, sometimes the arguments presented are weak, unclear or unpersuasive, leading to a loss. For instance, in the 2019 case of Wartoto v. State, a lawyer's arguments were found to be insufficient and unpersuasive, leading to his client's conviction for corruption and misuse of public funds.

 3. Lack of experience

Experience is key in any profession, and law is no exception. Lawyers who are new to the profession or who have limited experience with a particular type of case may struggle to navigate the legal system and may be at a disadvantage when arguing their client's position. For example, in the 2017 case of Bando v. Papua New Guinea, a lawyer's lack of experience in constitutional law led to his client's unsuccessful challenge of the legality of a government decision.

 4. Poor communication skills

Effective communication is crucial in the courtroom, and lawyers who struggle with communication may find it difficult to make their case effectively. Lawyers must be able to communicate complex legal concepts and arguments to judges, juries, and other legal professionals. For instance, in the 2016 case of Wokman v. PNG Ports Corporation, a lawyer's poor communication skills led to his client's loss of a wrongful termination lawsuit.

 5. Ethical violations

Lawyers are bound by strict ethical standards, and failure to adhere to these standards can lead to adverse consequences for both the lawyer and the client. For example, in the 2018 case of In re: Kandaso, a lawyer was found to have violated ethical standards by failing to disclose conflicts of interest and was subsequently suspended from practice for six months.

 In conclusion, lawyers may fail in court for a variety of reasons, including inadequate preparation, weak legal arguments, lack of experience, poor communication skills, and ethical violations. To mitigate these risks, lawyers must thoroughly prepare for cases, seek out experience, communicate effectively, and maintain high ethical standards. By doing so, they can help ensure the best possible outcome for their clients and uphold the integrity of the legal system in Papua New Guinea.

Location: Waigani, Port Moresby, Papua New Guinea

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