Bouquet to new High Court Judge Rebecca Ellis. The Court of Appeal has rejected Eb (Mr Asia) Leary's appeal against her first high profile decision, that the Learys should not have name suppression in a case where there was (inadmissable) evidence suggesting Leary was up to his old tricks.

Now lets also see the list of 81 dupes who gave Leary the character references which in 2007 persuaded the High Court to overturn the 5 person Law Practitioners' Disciplinary Tribunal refusal to re-admit Leary to the law profession. They are said to have included a retired High Court Judge, 6 District Court judges, and 15 QCs.

There should be a simple rule. If you are defrocked from the law for being bent, go and find other things to do with your qualification and talents after you've served your time or paid your fine. It should be automatic, not as a punishment, but as a clear message about the standards of probity required for the profession that relies above all on honesty. Over 50% of law graduates live fulfilling lives without ever being in the profession.  

Publicity of unwisdom should also be routine. Listing the referees would be helpful to the rest of us. Many of them will have been prompted by their need for conspicuous compassion, and we'll forgive them for being victims of Leary's plausibility, but there should still be the  sanction of exposure for stupid personal endorsements. Without a downside to being wrong, what discourages the careless lending of one's own reputation to others.

The law profession is infested with people who mistake (as wisdom) compassion that is costless to them, Soich's reinstatement in 1991  was similarily fashonable. I have no reason to think that she is anything but the competent and effective professional advertised on her website. One does excuse youthful mistakes. But her skills could just as easily employed in one of the millions of useful and remunerative jobs outside a profession in which unquestioned honesty is crucial. 

Her readmission is a constant reminder of our low standards, the inability of lawyers to apply in their own affairs the fundamental element of effective law, certainty, consistency, predictability, and assessment by reference to practical decision effects, not  professions of noble intention.

Over the next few months a new cohort of young lawyers will hear fine sentiments about their responsibilities from the judges who admit them to the bar. I hope the Leary case reminds judges to be equally sure of their purpose when the next Leary fronts up seeking to overturn a refusal to readmit them.