Lawyering
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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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LAWYERING

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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.


This advice can be oral

This advice can be oral….


Or it could be in writing

Or..it could be in writing


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


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