Replies request for writer: 469438 Write two Replies: Sometimes you may represent a client who has violated one of God’s laws. For each reply, look at your peer’s explanation of zealous client representation. In what ways can you show Christian compassion yet still zealously represent your client under the rules of the adversary system? Include a Scripture reference to support your answer. Replies requires 150-200 words per reply Current Bluebook format to be used (The Bluebook – A Uniform System of Citation) Textbook Reference: Legal Reasoning, writing, and other Lawyering Skills (Third Addition) by Robin Wellford Slocum One of two threads – please write one personal reply to the thread below (1 of 2) Please write a personal reply to Andrew’s thread: An attorney’s position is sometimes very difficult. They should be eager to win a case and do what it takes to accomplish that goal. How far is too far? An attorney should be passionate for their client, but they should also keep a level-head to be the logical thinker that their client is paying them to be. There are many fine lines of the relationship and the representation of their client. Lawyer’s should not be overzealous to the point they are twisting true statements to represent something false, or introducing evidence that is false. As an attorney, it is important to stand your moral ground and bring to light the truth. A position in the legal world is not meant for the people with weak integrity. Aggressiveness is a key assumption why people hire attorneys to represent them, also for the expert legal knowledge. Feldman (2016) explains, “But when it comes to manipulating the rules and shaping the context in which the truth is created, many lawyers think that zealous advocacy not only permits but also requires a certain degree of aggressiveness. That could include using the element of surprise in asking a question or introducing a motion. It could include taking advantage of an opponent’s weaknesses” (para. 10). An attorney will likely more than not represent their client through correspondence. The writing has to represent their client’s situation and even their passion towards the matter; this is where being zealous comes into play. A famous legal argument that would have had no positive forward action is Brown v. Board of Education (1954). In a society of segregation there was a lawyer who was zealous enough to fight against the norm. This compassion is what it takes to be a good attorney. “The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among ‘all persons born or naturalized in the United States.’ Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect” (Huhn, 2013). Reference Feldman, N. (2016) Lawyers can be zealous without being nasty. Retrieved from https://biglawbusiness.com/lawyers-can-be-zealous-without-being-nasty/. Huhn, W. (2013) Examples of famous legal arguments. Retrieved from https://www.uakron.edu/dotAsset/16682907-a43f-47af-8123-6b39e82d8c42.pdf. (2 of 2) Please write a personal reply to Leslie’s thread: There is no doubt that when zealously representing a client, the facts are important. Many cases are won and lost by the particular presentation of facts listed in a brief. Hence, the reason why learning how to effectively, and legally write is important to this industry. Therefore, a lawyer/advocate must consider how to properly construct a brief. First, one must focus on the art of persuasion, and learn to keep the information short and concise. Paragraphs that tend to run on will eventually lose the reader’s attention. Furthermore, first impressions are always key. Therefore, the introductory sentence should simply and exactly state the reason why the court should rule in the favor of the client. More importantly, the lawyer/advocate should place major emphasis on organizing the flow of the facts; creating a roadmap per say. For instance, it may be beneficial, within the statement of facts, to present the information chronologically or topically; either way, ensuring that there is a flow within the argument. Another important piece would be to consider using precedent cases to support one’s argument. The text denotes that typically one will benefit the most by selecting cases that are within the same state, but that does not prohibit a lawyer from digging deeper. However, according to Legal Reasoning, Writing and Other Lawyering Skills, Slocum mentions that “[f]rom the numerous cases [one] might review and analyze, [the] goal is to select the most favorable cases to incorporate in the argument, while also considering the ethical and pragmatic considerations that might cause you to include cases that are less than entirely favorable (379). Yet, the objective would be to apply all aspects of the case(s) under review (i.e. holding, specific facts, rationale, date, level of court, and etc.) when determining which to apply to your specific set of facts within the case. Furthermore, a lawyer/advocate can express professional, and ethical, zeal in every encounter with the client. Zeal may be defined as an eagerness to act; or in our situation the eagerness to win the case for the client. The same skills listed above can be used when answering questions the client may have, sending updates upon review, and etc. Yet, professional and ethical zeal discussed within the Model Rules explains that we can lead our clients in a way that will protect them, or we can further place damage on their situation, a third party’s situation, or harm our own reputation as a legal professional. For instance, a client may want the lawyer to attack their adversary with filing back to back motions; however, this constant state of war could negatively impact the client and, potentially, a third party. Consider family law, and how impacting these actions from the parents could impact the children involved. This should be emphasized to the client. The idea is for the lawyer to properly research and analyze the best strategies and facts needed to represent, counsel, and defend their client. Robin Wellford Slocum, Legal Reasoning, Writing, and Other Lawyering Skills 379 (3rd ed. 2011).
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