Zealous Advocates Research Paper

These two statements present clear support for the conclusion that Wasserstrom believes lawyers are positioned in an amoral world. The second conclusion is defended by many statements and situations concerning the lawyer?client relationship. Wasserstrom identifies a few dominant traits with in this relationship containing inequality, created by role-differentiation, and vulnerability.

Beach J discussed the meaning of Attorney Rules 15 – see [84]. He criticised it as unclear, it seeming to deal only with conflict between duty & interest, not duty & duty.

Justice. It is something that everyone wants, something that we strive for, even something that sparks. However, when we think of lawyers, we think of superheroes with an expensive education, walking into the courtroom and serving up justice. What no one thinks of is the person that helped the lawyer get there, the paralegal that prepares the necessary documents, the paralegal that makes sure his or her attorney is at the right place at the right time. A paralegal is crucial and in some cases vital to our justice system yet they are so often over looked.

a.) The excerpt displays the belief that each suspect in a court case has the right to legal representation whether they can afford it or not. The excerpt argues that suspects who can afford a lawyer often hire the most preeminent lawyers “to prepare and present their [thorough] defenses” (1). Thus, the excerpt voices that if a lawyer is this essential to a court case, then they must be provided to those accused who can’t afford one because not providing one could be a sense of restricting one’s freedom.

Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are

Within the book, Dershowitz poses the question of whether prosecutors and defense attorneys are advocates for justice, or only for their clients. The reason for lawyers choosing a client can

First, let's look at Pure Legal Advocate, an attorney by definition has a “function” or role that they play. They might be a “good” attorney doing their job well, or a pure legal advocate, whose job it is to win a case by all means necessary. This includes difficulties to themselves or other people, which can be anything from manipulating rules of the law to have an advantage for his or her client, or feeling required to do certain things that may be considered morally questionable or objectionable. Here is an example, a defense attorney may aggressively cross-examine a victim, knowing that they are telling the truth, but the attorney wants to cast doubt on their

In Scott Barclay’s essay, ‘A New Aspect Of Lawyer-Client Interactions: Lawyers Teaching Process-Focused Clients to Think About Outcomes’ he writes that he believes there is truly a gap between what the client is trying to do and what they lawyer is trying to do, “The evidence from my study reveals that lawyers and clients have different goals,” (Barclay, Pg. 13.) I think this is quite true, it is clear that John Stone is doing this for the money and Naz, along with his parents, are doing this because they want to get him out of prison. The reference towards different ‘goals’ between the two is best seen when Naz gets a new attorney and pleads ‘not guilty.’ He truly believes he is innocent, but his lawyer at the time advises him to take the

In her journal, The Ethnics of Cause Lawyering: An Empirical Examination of Criminal Defense Lawyers as Cause Lawyers Margareth Etienne, the Associate Dean for graduate and international programs states “Lawyers are strongly advised to be zealous but neutral advocates of their clients’ interests. They also have a duty of loyalty to clients that may prohibit them from representing clients in cases where the attorney feels the pull of professional, personal, or political interests distinct from those of the client.” Lawyers have a tough job, representing someone that they know is guilty and it does call it to question their morals and how far they are willing to push beyond them. If a lawyer feels that their personal

“The one great principle of the English law is, to make business for itself…viewed by this light it becomes a coherent scheme” (621) of which lawyers are the key players. Mr. Vholes, Robert’s lawyer, “always looking at the client, as if he were making a lingering meal of him with his eyes as well as with his professional appetite,” (624) dupes Robert into believing that he needs him for his suit. This “respectable” lawyer tells Robert that because he is represented he will have a voice in the legal system, however, it means nothing for Robert’s suit. Thus, these false hopes told to Robert by his lawyer eventually results in his melancholy death.

Question #12. Do the ethical rules of fairness prevent lawyers from aggressively advocating a client’s position?

The first criticism of cause lawyering is that cause lawyers choose their clients according to whether their case can be used to advance the lawyer 's cause. This method of client selection, Meyer states, violates the NP principle that lawyers need only concern themselves with legal matters, not ethical ones. Simon argues that the benefit of neutrality is that irrespective of their views on the 'justice of their ends ' a lawyer is expected to represent a client, as they bear no moral responsibility for the client 's purposes. This principle means that NP litigators act for a much wider range of

In these situations, the lawyer should use his skills to benefit the client, yet, he uses his positon of power and exploits the client’s vulnerability. Although ethically reprehensible, such dishonest practices are difficult to detect since the bargaining parties are seldom equipped with the necessary knowledge to make an informed judgement concerning the case. It is this, which makes legal fees a difficult subject to approach – “how [are] lawyers to make a living [while] stay[ing] fairly honest?”. Still, it must be noted that this conflict is not limited to contingency fees. Nevertheless, it is argued that with contingency fees, by investing a

This essay outlines two of the most important problems and/or challenges facing lawyers and the legal profession in regard to access to justice for all Australians. The essay will look at how the profession and legal education should respond to these challenges. In society today many industries are facing challenges and problems, including lawyers and the legal profession. The legal profession, in general, is now finding itself having to adapt to changes at a faster rate at any time in its history. The profession faces many challenges such as adapting to the new age with advances in technology, being forced to adapt and develop of face a downward slop. It also faces problems such self litigation by clients thus loosing money. This essay is broken up into two sections, both sections will examine a problem or a challenge that lawyers or legal professions faces, it will then analyze how to overcome such issue if at all possible. The first section of this essay is on the new era, how lawyer and legal practices have to adapt to the new technology that has advanced in the twenty-first century. The second section is on self representation litigation as more people are actively representing themselves in court or tribunal proceedings on their own behalf.

The relationship between solicitors and society is a unique one. If law is the system of rules which a particular country or community recognizes as regulating the actions of its members , then solicitors are the agents who operate in its vast framework, acting as a voice for the people. In this sense, it is undeniable that the legal profession exists to serve society as well as the court. Because of the nature of this relationship the conduct of solicitors is paramount in ensuring that public trust is maintained in the services solicitors offer. This has resulted in the public expectation that solicitors conduct themselves in an ethical manner.