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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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