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6 Cards in this Set
- Front
- Back
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What is the duty of advocacy? |
The responsibility to assert & press X's claims & positions w/ reasonable diligence & as persuasively as L is able. |
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What is zealous advocacy? |
L's duty to devote energy, intelligence, skill and commitment to X's interests, as X defines them |
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What are the limits on the duty of advocacy? |
1. L may waive or fail to assert a right or position of X if in L's professional judgment it's in X's best interest to do so
2. L may refuse to undertake conduct L believes is unlawful
3. L need not personally endorse X's "political, economic, social or moral views or activities." |
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Under what circumstances may L properly waive X's rights? |
L may take such action on behalf of X as is impliedly authorized to carry out the representation
L may also have authority to exercise professional discretion in determining the means by which a matter should be pursued |
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What rights can L NOT waive under any circumstances? |
Whether to accept an offer of settlement
CRIMINAL CASES: - What plea to enter, - Whether to waive trial by jury, and - Whether X will testify in his own behalf
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CRIMINAL CASE: Must L personally believe X's innocence as part of L's duty of advocacy? |
NO
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