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LAWYERING

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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  1. LAWYERING • Lawyer as counselor • Lawyer as advocate • Lawyer as officer of the court

  2. 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.

  3. 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.

  4. This advice can be oral….

  5. Or..it could be in writing

  6. Lawyer as advocate • Knows the strengths & weaknesses of client’s case • Emphasizes the strengths • Downplays the weaknesses • Uses facts, law & public policy to persuade

  7. 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

  8. 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

  9. 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

  10. 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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