lawyer as problem solver

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Status: In Progress  |  Genre: Non-Fiction  |  House: Anthony Ziuimmerman
this article is about a lawyer being idealized as a problem solver.

Submitted: April 21, 2016

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Submitted: April 21, 2016

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How we idealize ourselves can have an effect on who we are.This is true with lawyers, as well.  Under the  American Bar Association (ABA)  Model Code, a lawyer was idealized as a zealous advocate of his or her client.However, under the ABA Model Rules there is no zealous advocate provision.  Under both the Model Code and the Model Rules,  a lawyer is also idealized as an Officer of the Court.It is apparent that the zealous advocate ideal and the officer of the court ideal are in conflict.  I argue that the Model Rules should develop a provision the idealizes the lawyer as a  Problem Solver.As a Problem Solver the lawyer still have a duty to the client, but also can take into account, to some degree, the interests of the opposing party and the public in general.This a analogous to  the position that Justice Cordozo took, which is to say that a lawyer should be aLawyer for the Situation.


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