04/02/2014
THE ART OF ADVOCACY
Did you ever wonder how an attorney can go into the courtroom and fight like cats and dogs with his opposing counsel, then perhaps have lunch with him or her the next day? Ever wonder why an attorney becomes so impassioned about his client's position, then argues as passionately about the opposite position in another case?
These questions are frequently posed to me, along with statements like "How could you represent that criminal (wife-beater, child-abuser, beast, etc.)?" The answer is "advocacy." This is probably the most misunderstood aspect of an attorney's practice.
We are required, ethically, to advocate our client's position, even if we don't necessarily agree with or like it. Sure, we can turn away clients if we find them so objectionable as to prevent us from doing our jobs, but advocacy is the key to the legal system.
Take, for example, the a case involving a mother who has truly and horrifically abused her child. The Court will generally appoint an attorney for her to represent her against the charges. It is that attorney's job to represent her vigorously...to find holes in the County Attorney's case...to point out flaws in reports from the Cabinet, CASA, and other witnesses...all the while, knowing that the child is in intensive care with a skull fracture or other serious injury inflicted by her mother.
Does such representation mean we're supporting the mother's actions? Absolutely not! What it means, is that we're presenting her case in court as well as it can be presented, so that the system may effectively do its job without the opportunity for successful appeal due to ineffective representation.
There is a common misconception that lawyers are dishonest because they advocate "bad peoples'" positions. Think of us more as doing the right thing in order to keep the system honest, and to assure that justice served is complete and indelible. Without this system of checks and balances, innocent could be caused to suffer, and guilty could go unpunished.
