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Articles 1 - 2 of 2
Full-Text Articles in Law
The High Costs Of Incivility, David A. Grenardo
The High Costs Of Incivility, David A. Grenardo
Faculty Articles
Many law students come to law school after being indoctrinated by television and movies, believing that an effective lawyer must be obstreperous, obnoxious, and rude to be successful. Lawyers, they believe, must fight their opponents on every point at every corner if they want to represent their clients zealously and adequately.
Law students must recognize that incivility by lawyers can lead to significant negative consequences for the client, the attorney herself, and the legal system. Law students must also understand that lawyers can treat opposing counsel with civility while still providing robust, vigorous, and adversarial representation for their clients. This …
Brougham’S Ghost, Michael S. Ariens
Brougham’S Ghost, Michael S. Ariens
Faculty Articles
In defending Queen Caroline in the House of Lords, Henry Brougham declared, “[a]n advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that client and none other.” Brougham’s ethic of advocacy has been cited repeatedly as stating the American lawyer’s duty of zealous representation of a client. It has often been called the “classic statement” of zealous representation and representing the “traditional view of the lawyer’s role.”
This essay challenges these conclusions. Brougham’s rhetoric was neither a classic statement of the duty of loyalty to …