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Role of Lawyers/Whose Interests are served? DeTocqueville: Lawyers serve interests of democracy Represent missing aristocratic class Profession transformed.

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Presentation on theme: "Role of Lawyers/Whose Interests are served? DeTocqueville: Lawyers serve interests of democracy Represent missing aristocratic class Profession transformed."— Presentation transcript:

1 Role of Lawyers/Whose Interests are served? DeTocqueville: Lawyers serve interests of democracy Represent missing aristocratic class Profession transformed from elite club Demographics of bar Critical link in maintaining social order Turn political issues into legal questions

2 Lawyers-historically Lawyers not allowed in colonial America Reflected hostility toward English and law seen as assertion of illegitimate power Demand for trained bar arose with urbanization and commercialization 25 signers of Declaration –lawyers Liberalization of bar with democratization

3 Ethics of Advocacy Ethical questions arise in context of adversary system This system presumes that biases of self interest will be best be offset by setting dispute process in neutral forum before impartial arbiters Conflict resolution is constrained by body of rules-law. Outcomes are measured in terms of winning and losing

4 Legal Advocacy Lawyer devotes life to acting vicariously-for other people Total Loyalty of lawyer to client Lawyer/client privilege How far does this loyalty go? Should lawyer lie for client? Representing a guilty client Lawyer treat practice of law as a game Lake Pleasant case Other examples…


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