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LAWYERING. Lawyer as counselor Lawyer as advocate Lawyer as officer of the court. Lawyer as counselor. Examines facts through client & other interviews, and/or reading material containing facts relevant to client’s case. Determines legal issues raised by client’s case.

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Presentation Transcript
lawyering
LAWYERING
  • Lawyer as counselor
  • Lawyer as advocate
  • Lawyer as officer of the court
lawyer as counselor
Lawyer as counselor
  • Examines facts through client & other interviews, and/or reading material containing facts relevant to client’s case.
  • Determines legal issues raised by client’s case.
  • Conducts research in order to determine what legal rules apply to these issues.
  • Applies these rules to client’s situation.
  • Reaches a conclusion based on this application.
lawyer as counselor continued
Lawyer as counselor (continued)
  • After going through the above process, the lawyer is now ready to predict the probable outcome of his/her client’s case.
  • Both the above process, and the resulting prediction, are totally objective techniques.
  • The lawyer is now ready to advise his/her client as to the outcome of the case.
lawyer as advocate
Lawyer as advocate
  • Knows the strengths & weaknesses of client’s case
  • Emphasizes the strengths
  • Downplays the weaknesses
  • Uses facts, law & public policy to persuade
emphasizing strengths
Emphasizing strengths
  • Using similar facts in similar cases to argue results favorable to your client
  • Using rules from statutory or case law to argue that your client’s situation should fall within that rule
  • Using policy to argue that a result favorable to your client would benefit the general public
downplaying weaknesses
Downplaying weaknesses
  • Arguing that a rule adverse to your client’s case is inapplicable
  • Arguing that the facts in the adverse cases are different from your client’s facts
  • Arguing policy matters outside the literal rules such as social change, economic conditions, or unjust results from a literal interpretation of the rules
lawyer as officer of the court
Lawyer as officer of the court
  • Bound by ethical rules to present matters before tribunals without being dishonest about either the facts or the law
  • If facts seem to disfavor client, rather than omit them, lawyer should distinguish
  • If legal rule seems to disfavor client, again, lawyer should not omit but instead, distinguish
conclusion
Conclusion
  • Lawyer is advisor, advocate and officer of the court
  • All three roles are constantly interchangeable
  • The good lawyer must balance all three