the interests of the attorneys, law homework help
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Professionally, we support the interests of the attorneys, who in turn represent the client’s best legal interests. Defending against a criminal complaint can be just as difficult as prosecuting such, especially when we are personally vested in the outcome of the case. Overcoming our personal differences is the hallmark of a professional, and it is essential to everything we do as legal support professionals. It comes with its own benefits: Stronger counter-arguments for starters. The professional dexterity required to overcome this sort of adversity is immense and true professionals not only share their coping mechanisms, they support others with their own coping mechanisms.
The greatest advantage of recognizing one’s personal bias is the opportunity to exploit the counter argument. The CALI lesson this week pointed out how persuasive writing often orders the weakest argument first and finishes with the strongest. It also points out that objective writing places attacks bad facts and ideas, head-on. “Thorough research should reveal the weakness of a legal position and counterarguments to it,” writes Putman and Albright.[i] Ordering the argument according to CALI’s suggestions would put the poorest legal positions forward of the substantiated legal research which countermands them.
A good reader/researcher/writer might ask, “But what does that have to do with not personally agreeing with the legal position?” The truth of the matter is that function drives form in legal writing and positing your personal grievances first opens your writing to the possibilities of expanding your arguments. Moreover, if you, as the writer, know your biases, it becomes easier to countermand them when ordered in such a ways as to display their trivialness. At least, that is the theory behind the practice.
In reality, I find exploring my defenses against myself to be rather entertaining. Of all the legal writing I do, I find this to be the most entertaining. From a completely egotistical standpoint, who better to defend against my own positions than myself? It is not always easy, and when I am especially vested in the topic, for example International Animal and Human rights, or foreign affairs, I too often let my position shift in my own favor, unable to give into my professional personality for the purposes of my thesis. This is rarely an issue for matters of routine legal assistance. My detachment toward the specifics of the client are probably what insulates me from the drama and trauma attached to Dissolutions, Child Custody, real and credit disputes, and the like. However, hot-button issues that really set me off affect me on a level beyond my work.
I was once writing a brief for a Soldier who felt her Commander had performed actions outside the scope of his authority. An Article 138 is a powerful tool afforded to Service members to air their grievances, and I was assisting the Soldier with her complaint. Upon reading the evidence, I realized the Soldier was not in the best position to make such formal demands, but she deserved to have her voice heard. My inclinations to dismiss her complaint as a soldier, free of issues of good order and discipline, were juxtaposed against my belief that all persons have the right to be heard, especially with respect to impingements upon their liberty.
After I was done writing, I handed it to my attorney with the very formal request of, “Permission to speak freely?” I proceeded on a diatribe of how I felt about the situation, its causes, and complaints, and why I felt the Soldier, however wrong, was absolutely right.
My attorney returned my work to me with a smirk. “Good,” he said, “Now rewrite it.” That was the creative release I needed to perform what became a hallmark achievement in my legal career. That Soldier went on to make several career-ending decisions on her own accord. In the end, my small victory was being able to write something in her defense, simply addressing the task at hand – nothing more.
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