The 4 types of lawyering
Adversarial advocate
Dominate and traditional conception of a lawyers ethical role
Generally clear answer of what to do in situations
"most comfortable" position
Must act in interest of client, even if uncomfortable with doing so
‘amoral’ approach; the ‘right’ thing for you to do as a lawyer is to advance the
interests of your client to the best of your ability within the limits of the law,
regardless of the personal moral consequences.
Social role of lawyer:
Loyalty and non-accountability
Advocate in adversarial process
Advocate client's interests as zealously as possible within boundaries of the law
Client more likely to give you all information if you can’t tell anyone else and you will advocate
for their interests only
Improves access to justice (as morally guided lawyers wouldn’t choose guilty looking clients)
Responsible Lawyering
Places more emphasis upon your responsibility to facilitate the public
administration of justice.
Rather than focus solely upon what your client wants you to do, you
should act consistently with the law, and not just the letter of the law but
the spirit of the law
You should not be prepared to abuse the court process on behalf of your
client
You have an overriding duty to maintain the justice and the integrity of the
legal system, even against the interests of your client.
Social Impact
Advises client to act in morally right manner
Moral Activist
focusing upon individual rights and entitlements
Lawyer agent for justice
Ethical responsibility impacted by political and social ideas of justice
Responsibility to ensure the legal system is fair and just
Contrary to the traditional view, you see yourself as morally responsible for your actions as a
lawyer and, rather than ignore or abandon your personal values, you make the effort to
advise your clients
Improves justice by:
Law reform/public interest lawyering
Adversarial advocate
Dominate and traditional conception of a lawyers ethical role
Generally clear answer of what to do in situations
"most comfortable" position
Must act in interest of client, even if uncomfortable with doing so
‘amoral’ approach; the ‘right’ thing for you to do as a lawyer is to advance the
interests of your client to the best of your ability within the limits of the law,
regardless of the personal moral consequences.
Social role of lawyer:
Loyalty and non-accountability
Advocate in adversarial process
Advocate client's interests as zealously as possible within boundaries of the law
Client more likely to give you all information if you can’t tell anyone else and you will advocate
for their interests only
Improves access to justice (as morally guided lawyers wouldn’t choose guilty looking clients)
Responsible Lawyering
Places more emphasis upon your responsibility to facilitate the public
administration of justice.
Rather than focus solely upon what your client wants you to do, you
should act consistently with the law, and not just the letter of the law but
the spirit of the law
You should not be prepared to abuse the court process on behalf of your
client
You have an overriding duty to maintain the justice and the integrity of the
legal system, even against the interests of your client.
Social Impact
Advises client to act in morally right manner
Moral Activist
focusing upon individual rights and entitlements
Lawyer agent for justice
Ethical responsibility impacted by political and social ideas of justice
Responsibility to ensure the legal system is fair and just
Contrary to the traditional view, you see yourself as morally responsible for your actions as a
lawyer and, rather than ignore or abandon your personal values, you make the effort to
advise your clients
Improves justice by:
Law reform/public interest lawyering
