Legal Advocates
Attorneys acting as legal advocates hold distinctly different obligations of candor from those acting as legal advisors, (Lewinbuk, K., p. 376). Lawyers acting as advocates hold an obligation to the tribunal, should “directly adverse controlling authority” arise; whereas lawyers giving legal advice, hold the obligation of candor to their client. The attorney must remain objective in their obligation, as the law holds no unanimous consensus on its state, instead operating as a bell curve; lawyers hold obligations to divulge their own interpretations of the law to clients, comparing it to the majority’s view, (Lewinbuk, K., pp. 376, 377).
Rule 3.1
The American Bar Association’s (ABA) Model Rules of Professional Conduct’s (MRPC) Rule 3.1 ensures proceedings and defenses are rooted in law, nonfrivolous, and include good faith arguments, (ABA, p. 96). This Rule, titled Meritorious Claims and Contentions, establishes the lawyer as an advocate, whereby the lawyer holds an obligation to best represent the honest interests of a client before the court. Rule 3.1 submits that “the law is not always clear and never is static,” and can be violated when the lawyer feels they cannot make arguments in good faith, or knowingly support false evidence, (ABA, p. 97). God reminds attorneys their claims must be merited; “[f]ight the good fight of the faith. Take hold of the eternal life to which you were called when you made your good confession in the presence of many witnesses,” (1 Timothy 6:12; NIV).
Rule 3.2
Rule 3.2, titled Expediting Litigation exists to uphold the Sixth Amendment, guaranteeing those convicted the right to a speedy, public trial, by an impartial jury, in the same district where the crime has been committed, (Law). The American Bar Association (ABA) warns that routine failure to expedite litigation for purposes of convenience is a direct violation of Rule 3.2. An attorney’s desire to expedite the litigation process cannot resort to strategic lying, false evidence, or facilitating a client’s criminal act through the courts. Attorneys cannot consider client negotiation liable to absolve their professional obligation; in negotiation, the parties are not bound by external constraints, (Frey, M., p. 107). Scripture recognizes the foundational pillar of expediting justice; Ecclesiastes reminds us that “[b]ecause the sentence against an evil act is not carried out quickly, the heart of people is filled with the desire to commit evil,” (Ecclesiastes 8:11; CSB).
Rule 3.3
Rule 3.3, denoted Candor Toward the Tribunal indicates a lawyer's duty to honesty and openness with the court regarding instances of known false evidence, (ABA, p. 98). The rule warrants the prevention of tampered evidence, false statements, and the facilitation of criminality, through representation. Lawyers have an obligation to represent a client to the fullest extent possible, yet must ensure they do not violate these standards. Rule 3.3 can be violated if the lawyer knowingly makes false statements, presents bogus evidence to sway the courts, or fails to recognize false evidence provided by the client, (ABA, p. 98). God instructs lawyers, among all men, to uphold the dignity of truth, displaying the Light of the Lord in all that we do; in both Deuteronomy and Exodus God decrees that “You shall not give false testimony against your neighbor,” (Exodus 20:16; Deuteronomy 5:20; NIV). His Holy Spirit declares in Deuteronomy that, “[t]he judges must make a thorough investigation, and if the witness proves to be a liar, giving false testimony against a fellow Israelite, then do to the false witness as that witness intended to do to the other party. You must purge the evil from among you,” (Deuteronomy 19:18-19; NIV).
Bibliography
ABA. (2023). American Bar Association Center for Professional Responsibility. Model Rules of Professional Conduct, 2023 Edition. American Bar Association. Kindle Edition.
CSB. Ecclesiastes 8:11
Frey, Martin A. (2003). Alternative Methods of Dispute Resolution. Cengage Textbook. Kindle Edition.
Law. (Accessed on November 8th, 2023). Sixth Amendment; U.S. Constitution. Legal Information Institute, (LII). https://www.law.cornell.edu/constitution/sixth_amendment
Lewinbuk, K.P. (2019). Connecting Ethics and Practice: A Lawyer's Guide to Professional Responsibility (Aspen Coursebook Series). Wolters Kluwer. Kindle Edition.
NIV. Deuteronomy 19:18-19
NIV. Exodus 20:16; Deuteronomy 5:20
NIV. 1 Timothy 6:12