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Cleveland State University

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Full-Text Articles in Law

The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer Sep 2015

The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer

David Barnhizer

In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …


The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer Jan 2015

The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer

David Barnhizer

In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …


How To Write And Speak More Effectively As Advocate, Negotiator, Or Counselor -- Suggestions To The Budding Lawyer, Arthur R. Landever Jan 1980

How To Write And Speak More Effectively As Advocate, Negotiator, Or Counselor -- Suggestions To The Budding Lawyer, Arthur R. Landever

Law Faculty Articles and Essays

How best to give you some ideas about legal communication? The traditional approach is to focus narrowly upon a particular type, for example, appellate oral argument. My approach is different. I view communication in its total aspect -- whatever its general nature (e.g. writing or speech), degree of formality (e.g. brief or office negotiation), or audience (e.g. lawyer or layman). My ideas proceed from a fundamental assumption: As a student you can gain insights about the subject, by first studying the broad canvas. As you then reflect upon any particular mode, it can be set against that background. The suggestions …