Zealously Representing Clients Using Fact-Centered Arguments
Lawyers are legal representatives who must aptly maneuver a variety of roles. Attorneys must be prepared to advise, advocate, negotiate, evaluate; or resolve disputes as a non-representational neutral third party. American Bar Association, Model Rules of Professional Conduct 1 (2024). As an advisor, negotiator, or evaluator; the lawyer must possess clear discernment and consistent moral conduct. The lawyer must be consistent in his honest dealings. As advocates, attorneys must exhibit a zealous assertion “of the client’s position under the rules of the adversary system.” See id. at § 2. Similarly, The MRPC’s Rule 1.3 denotes “[a] lawyer shall act with reasonable diligence and promptness in representing a client,” Model Rules of Professional Conduct 17 (2024). Rule 1.3’s comments indicate that “[a] lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience...and take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor.” Id.
Zealous Representation
Zealous legal representation must include honesty, confidentiality, and leadership. The term Zeal is defined as having “[p]assionate ardor for a cause, esp. that of a client; perfervid eagerness to achieve some end, esp. the successful resolution of a client’s needs of difficulties.” Zeal, Black’s Law Dictionary (11th ed. 2019). Whilst the term Zealous is defined as “incited by fervor, ardently devoted to a person or cause, esp. to a legal client.” Zealous, Black’s Law Dictionary (11th ed. 2019).
Honesty. The Model Rule of Professional Conduct (MRPC)’s Rule 3.1: Meritorious Claims and Contentions court; notes a preclusion on abuse. Model Rules of Professional Conduct 96 (2024). Whilst the lawyer bears a duty to his client, he must act equally honorable in his obligation to the law. The MRPC’s Rule 3.1: Candor Toward the Tribunal furthers this commitment, enumerating the duties to remain truthful toward the Court, arbitrator, legislative body, or adjudicator. See id. at 8.
Confidentiality. Rule 1.6: Confidentiality of Information discusses client-attorney privilege and confidentiality. Model Rules of Professional Conduct 25 (2024). Lisa G. Lerman, a Professor of Law and the Catholic University of America, Columbus School of Law, notes that “[t]he duty to protect client confidences does not end when the representation is concluded but continues indefinitely. Rule 1.9(c) explains the nature of this duty to former clients.” Lisa G. Lerman, Phillip G. Schrag, Ethical Problems in the Practice of Law 501 (Wolters Kluwer, 3rd ed. 2012).
The MRPC’s Rule 1.9: Duties to Former Clients, notes that [a]fter termination of a client-lawyer relationship, a lawyer has certain continuing duties with respect to confidentiality and conflicts of interest.” Model Rules of Professional Conduct 54, 55 (2024). These obligations must be taken into account when zealously pursuing the interests of a client. Confidentiality of former client interests falls within the jurisdiction of zealous legal representation, thus may not be infringed.
But zealous legal representatives require a foundationally resilient set of ethics that considers actions both professional and personal. Nathan Crystal, a Distinguished Law Professor Emeritus at the University of Southern California, notes “A philosophy of lawyering focuses on how lawyers integrate their personal and professional lives…lawyers choose how they integrate their personal and professional lives.” Nathan M. Crystal, Professional Responsibility: Problems of Practice and the Profession 52, 53 (Wolters Kluwer, 5th ed. 2012). Crystal adds that “[t]hese choices can be made intelligently…or they can be made haphazardly, by default;” yet the zealous attorney needn’t operate against his own intelligence. Lawyers who self-regulate their actions under the Model Rules of Professional Conduct, create an ethical structure that allows for free-range zeal within a designated jurisdiction.
Legal Ethics Model
Since the 1800s, there has always been some form of standardized ethics in American jurisprudence. American Bar Association, Model Rules of Professional Conduct 1 (2024). The Model Rules of Professional Conduct (MRPC) formalized this standard; thus, on August 2nd, 1983, these rules were officially adopted by the American Bar Association (ABA). The ABA continues to annually update its professional standard of conduct with new relevance and clarity. The attorney must zealously represent the interests of his clients, whilst ensuring he upholds the dignity of the U.S. justice system. Standardized ethics is an obligation in the practice of jurisprudence; but an individual decision in every attorney’s personal life.
Jurisdiction plays an important role in continuity of legal ethics. Attorneys are expected to follow specific standards of ethics, that differ in their expectations depending on their location. Stephen Gillers, a Law Professor at New York University School of Law; writes that “[a] jurisdiction’s ethics rules apply to all lawyers admitted in it mostly without regard to their practice settings or the nature of their clients…the Rules do not recognize different practice settings or the size of the firm.” Stephen Gillers Regulation of Lawyers: Problems of Law and Ethics 11 (Wolters Kluwer, 10th ed. 2015). Gillers adds that “[t]he Model Rules are only that. A model. States deviate, sometimes in significant ways…no two states have identical rules.” See id. at 11.
This contingent factor highlights the importance of jurists holding a universally recognized Christ-centered worldview in their personal lives. Attorneys motivated by zeal are subject to traverse their moral capacity, thus must bear significant moral barriers and boundaries.
Robin Wellford Slocum writes that “as an advisor to your clients, you will also reduce your persuasive arguments into written form.” Robin Wellford Slocum, Legal Reasoning, Writing, and Other Lawyering Skills 6 (4th ed. 2022). Lawyers must operate with a written record of their persuasive actions. The attorney, therefore, must be well-versed in his moral conduct and personal self-regulation. Slocum adds that “lawyers also communicate with opposing counsel in writing.” See id. at 6. Attorneys must exercise restraint against man’s natural propensity to exploit opportunities and liberties. Aware of this, the legal counselor must consider industry expectations, professional liability, and personal responsibility for abstaining from moral turpitude.
Christian attorneys must practice discernment in their personal lives, thus translating His granted provision unto their legal practice. Christians, no matter their careers and callings, must uphold an individual and personal commitment to God, above all associations. The search for truth is a consistent endeavor for every believer, as they honor God in their life works. Law can be no different. Jurisprudence is a consistent journey, correlative with the lifelong pursuit of Scripture. Christians have a propensity to self-regulate their sinful desires; aware of their natural evil tendencies to deny Christ.
The Ethics Model of Christ
God’s model of legal ethics is depicted throughout Scripture; exemplifying specifically how attorneys ought to conduct themselves in all circumstances. The Christian image is not just meant for the church, but extends into the workforce; specifically the field of jurisprudence.
Jesus said it best: “[b]ut anyone who lives by the truth comes to the light, so that his works may be shown to be accomplished by God,” John 3:21 (CSB); He adds “God is spirit, and those who worship him must worship in spirit and truth,” John 4:24 (ESV).
Zealous legal representatives acting as advocates must protect client confidentiality. As Peter scribed that; “[f]or this is the will of God, that by doing good you should put to silence the ignorance of foolish people. Live as people who are free, not using your freedom as a cover-up for evil, but living as servants of God. 1 Peter 2:13-16 (ESV). Similarly, the MRPC’s Rule 1.6 reiterates this passage.
Attorneys must be impartial in their zealous representation. Peter highlights the importance of impartial jurisprudence, writing that we must “[h]onor everyone. Love the brotherhood. Fear God. Honor the emperor. Servants, be subject to your masters with all respect, not only to the good and gentle but also to the unjust.” 1 Peter 2:17, 18 (ESV). Jesus decreed “[d]o not judge by appearances, but judge with right judgment.” John 7:24 (ESV). The MRPC’s Rule 3.5: Impartiality and the Decorum of the Tribunal, states that “[a] lawyer shall not influence a member of the Court, misrepresent, coerce, involve duress, harassment, or disrupt a tribunal.” American Bar Association, Model Rules of Professional Conduct 104 (2024).
Lawyers must remain holy in their conduct as advocates; ensuring not to fall subject to vice. Peter expounds, “do not be conformed to the passions of your former ignorance, but as he who called you is holy, you also be holy in all your conduct, 1 Peter 1:14,15 (ESV); adding “since it is written, ‘You shall be holy, for I am holy.’” 1 Peter 1:16 (ESV). The Model Rules of Professional Conduct’s (MRPC) Rule 2.1 depicts a lawyer’s duty to give candid advice and honest assessment. American Bar Association, Model Rules of Professional Conduct 90 (2024).
The Apostle Paul scribed a note on resilience to contemporary attorneys today. Paul scribes that “[w]hatever happens, conduct yourselves in a manner worthy of the gospel of Christ. Then, whether I come and see you or only hear about you in my absence, I will know that you stand firm in the one Spirit, striving together as one for the faith of the gospel without being frightened in any way by those who oppose you. This is a sign to them that they will be destroyed, but that you will be saved—and that by God. Philippians 1:27, 28 (NIV).
God decrees that “You are the light of the world. A city that is set on a hill cannot be hidden. Nor do they light a lamp and put it under a basket, but on a lampstand, and it gives light to all who are in the house. Let your light so shine before men, that they may see your good works and glorify your Father in heaven." Matthew 5:14-16 (NKJV). The MRPC’s Rule 3.4: Fairness to Opposing Party Counsel, depicts the lawyer's duty to be impartial to opposing counsel, despite his zealous quest to uphold law and preserve the integrity of jurisprudence. American Bar Association, Model Rules of Professional Conduct 102 (2024). Despite man’s propensity to depose the opposing counsel with degrative rhetoric, the Christ-centered attorney must display fairness and fervor in his passion for justice.
Zealous lawyers must be righteous. Moreover, lawyers be consistent in their efforts to expound their righteousness through their legal representation. As Matthew scribed the words of Jesus, “[f]or I say to you that unless your righteousness surpasses that of the scribes and Pharisees, you will not enter the kingdom of heaven.” Matthew 5:20 (NASB). Concisely, the Apostle Paul reminds us; “[d]o not lie to one another,” Colossians 3:9a (NKJV). The MRPC’s Rule 4.1: Truthfulness in Statements to Others, discourages attorneys from engaging in criminal conduct, dishonest representations, or giving false statements. American Bar Association, Model Rules of Professional Conduct 116,117 (2024). Lawyers in all circumstances mustn’t deceive others, lest deposing their own personal credibility and legal integrity.
At a minimum, the zealous legal representative must follow two basic laws. First, Jesus declared we must “[l]ove the Lord your God with all your heart and with all your soul and with all your mind and with all your strength.’ The second is this: ‘Love your neighbor as yourself.’ There is no commandment greater than these.” Mark 12:30-31 (NIV).
Conclusion
Lawyers, in all roles must use the provision granted by God to discern between moral turpitude and zealous representation. Attorneys must be consistently mindful of both personal and professional conduct. The integrity of their ability to zealously represent their client depends on their personal image and professional character. Counselors who preserve distinct moral boundaries are unlikely to waiver from their foundational faith. Lawyers have a duty to self-regulate their actions, and the natural propensity to use their expertise to exploit the legal system to their advantage. This legal obligation and its ethical expectations of moral conduct facilitate a national etiquette for jurists to ascribe their operations. Rather than strategically coordinate nefarious intentions to gain an advantage, the attorney must resist his fallen state and conform to the proposed Model Rules of Professional Conduct in all his works. The lawyer thus, who combines Biblical doctrine with Model Rules of Professional Conduct (MRPC) creates his own ethical jurisdiction; thus allowing free-range zealous representation to ensue.