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ISSN: 2333-9721
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-  2019 

The controversial case of Lawyer X: Should lawyers be prevented from acting as human sources?

DOI: 10.1177/1037969X19846273

Keywords: Law enforcement,human sources,informants,client legal privilege,public interest immunity

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Abstract:

This article addresses whether there are sufficient constraints on legal professionals acting as police informants, following the controversial ‘Lawyer X’ case. It examines key observations of the High Court of Australia in AB v CD; EF v CD [2018] HCA 58 relating to lawyers’ and barristers’ duties to their clients and to the court. It argues that existing professional rules and common law duties are insufficient to prevent legal advocates from acting as human sources. The author also suggests implications arising from the decision for the application of public interest immunity to human sources

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