The profession will doubtless face rafts of legislation from federal and state governments. Some of it will be welcome, but I suspect much of it will prove otherwise. Mooted changes to the right to silence and the committal system do not augur well. We have already seen the goal posts shifted in relation to propensity evidence and the confiscation of assets legislation. The profession must face these challenges to it and to our clients' rights with the sort of determination and steadfastness Stephen so often displayed.
Lawyers are the community's bulwark against the powers of the state.
Whether those powers are exercised as prosecutor, taxman or litigant, they are enormous and pervasive. Often the legal profession is the only group with the knowledge and authority to speak out effectively against unwarranted and potentially damaging interference with rights. The camaraderie and shared values of lawyers, which revolve around seeking fairness for our clients, form a bedrock to which we must hold fast, despite expedience or populism. A politician recently queried why the Institute is opposed to many of the changes the state government is putting in place. If the profession's response is seen as inadequate or unfavourable by the government, that is because, like Stephen, we recognise what is fair and adhere to that resolutely, even though it may be unpopular.