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Defending the defenders: a ‘conventional’ approach
PRESIDENT'S MESSAGE | 31 August 2026


Omnium jura defendimus, the motto of the Law Society of NSW, translates as Defending the rights of all. That is our mission, one we share with lawyers across the globe as we work to provide access to justice, while building public confidence in the rule of law.

At the invitation of LAWASIA, I recently joined a panel discussion at its Environmental Law Conference on the topic of Institutions for the Environmental Rule of Law, where I explored threats to lawyers and measures to protect the profession; in other words, the need to defend the defenders.

In 2025, the Council of Europe established the Convention for the Protection of the Profession of Lawyer, an instrument that responds to the “attacks, threats, harassment and intimidation” aimed at lawyers simply for doing their job. 33 European nations have so far signed the document commonly known as the Luxembourg Convention, and it is designed so that countries outside Europe can also become parties to it.

In March this year, Ukraine became the 28th state party to the Convention. In a recent Law Society podcast, I discussed the Convention with the President of the Ukrainian Bar Association (UBA), Mykola Stetsenko, and the Director of the Institute of Human Rights of the UBA, Inna Liniova. We noted the challenges of defending unpopular accused, which is only exacerbated at times of war, and the fundamental importance of the right to a fair trial.

I believe the Luxembourg Convention represents the most comprehensive international framework for the protection of lawyers ever adopted. It protects an independent, self-governing legal profession (including through bodies like the Law Society); while protecting the freedom of lawyers to advise and represent people without fear of intimidation, abuse or attack.

The more widely the Convention is adopted, the more legitimacy and authority it acquires, making it harder for governments to treat the protection of lawyers as an optional extra, rather than a binding international obligation to defend the defenders.

The principle of defending the rights of all is not only reflected in international efforts to protect lawyers. It is also demonstrated every day through the profession's commitment to serving the community.

For more than thirty years, the Law Society’s Pro Bono Scheme has played a crucial role in fulfilling the finest tradition of the legal profession in providing free legal advice to those who need it most and can afford it the least.

In 2023, the Pro Bono Scheme expanded to include alternative dispute resolution, through the participation of accredited mediators. Under this initiative, appropriate civil matters can be referred by the Local Court to the Law Society, and allocated to the accredited solicitor mediators who mediate the matters on a pro bono basis.

In recent weeks I was made aware of the swift response of our panel of pro bono mediators who volunteered on a number of matters at very short notice. I’m delighted, but not surprised, by this response, which not only improves access to justice, but also saves court resources and frees up court lists.

Ronan MacSweeney, President, The Law Society of NSW