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GRE Forum Moderator
Joined: 02 Nov 2016
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Is it necessary for defense lawyers to believe that the clients they
[#permalink]
28 Dec 2020, 05:35
28 Dec 2020, 05:35
4
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Expert Reply
Question 1
00:00
A
B
C
D
E
Difficulty:
5%
(low)
based on 275 sessions
85% (03:13) correct
15%
(03:21) wrong
Question 2
00:00
A
B
C
D
E
Difficulty:
95%
(hard)
based on 304 sessions
22% (01:38) correct 78%
(01:38) wrong
Question 3
00:00
A
B
C
D
E
Difficulty:
45%
(medium)
based on 295 sessions
64% (01:37) correct 36%
(01:35) wrong
Question 4
00:00
A
B
C
D
E
Difficulty:
15%
(low)
based on 291 sessions
72% (01:03) correct 28%
(01:11) wrong
Question 5
00:00
A
B
C
D
E
Difficulty:
45%
(medium)
based on 289 sessions
63% (01:34) correct 37%
(01:53) wrong
Question 6
00:00
A
B
C
D
E
Difficulty:
5%
(low)
based on 284 sessions
79% (00:52) correct 21%
(00:53) wrong
Question 7
00:00
A
B
C
D
E
Difficulty:
25%
(medium)
based on 286 sessions
71% (00:51) correct 29%
(00:57) wrong Is it necessary for defense lawyers to believe that
the clients they defend are innocent of the charges
against them? Some legal scholars hold that lawyers’
sole obligation is to provide the best defense they are
(5) capable of, claiming that in democratic societies all
people accused of crimes are entitled to the best
possible legal representation. They argue that lawyers
have no right to judge defendants because it is the job
of the courts to determine guilt or innocence and the
(10) job of the lawyer to represent the defendant before the
court. They believe that the lawyer’s responsibility is to
state those facts that will assist each client’s case,
construct sound arguments based on these facts, and
identify flaws in the arguments of opposing counsel.
(15) According to these scholars, the lawyer’s role is not to
express or act on personal opinions but to act as an
advocate, saying only what defendants would say if
they possessed the proper training or resources with
which to represent themselves.
(20) But such a position overlooks the fact that the
defense lawyer’s obligation is twofold: to the
defendant, certainly, but no less so to the court and, by
extension, to society. For this reason, lawyers, great as
their obligation to defendants is, should not, as officers
(25) of the court, present to the court assertions that they
know to be false. But by the same principle, lawyers
who are convinced that their clients are guilty should
not undertake to demonstrate their innocence. Guilty
defendants should not be entitled to false or insincere
(30) representation. When lawyers know with certainty that
a defendant is guilty, it is their duty not to deny this.
Rather, they should appraise the case as much as
possible in their client’s favor, after giving due
consideration to the facts on the other side, and then
(35) present any extenuating circumstances and argue for
whatever degree of leniency in sentencing they
sincerely believe is warranted. In cases where it is
uncertain whether the client is guilty but the lawyer
sincerely believes the client may well be innocent, the
(40) lawyer should of course try to prove that the client is
innocent.
The lawyer’s obligation to the court and to society
also ultimately benefits the defendant, because the
“best defense” can only truly be provided by an
(45) advocate who, after a careful analysis of the facts, is
convinced of the merits of the case. The fact that every
client is entitled to a defense does not mean that
defense lawyers should take every case they are
offered. Lawyers should not be mere mouthpieces for a
(50) defendant but instead advocates for the rights of the
defendant given the facts of the case.
the clients they defend are innocent of the charges
against them? Some legal scholars hold that lawyers’
sole obligation is to provide the best defense they are
(5) capable of, claiming that in democratic societies all
people accused of crimes are entitled to the best
possible legal representation. They argue that lawyers
have no right to judge defendants because it is the job
of the courts to determine guilt or innocence and the
(10) job of the lawyer to represent the defendant before the
court. They believe that the lawyer’s responsibility is to
state those facts that will assist each client’s case,
construct sound arguments based on these facts, and
identify flaws in the arguments of opposing counsel.
(15) According to these scholars, the lawyer’s role is not to
express or act on personal opinions but to act as an
advocate, saying only what defendants would say if
they possessed the proper training or resources with
which to represent themselves.
(20) But such a position overlooks the fact that the
defense lawyer’s obligation is twofold: to the
defendant, certainly, but no less so to the court and, by
extension, to society. For this reason, lawyers, great as
their obligation to defendants is, should not, as officers
(25) of the court, present to the court assertions that they
know to be false. But by the same principle, lawyers
who are convinced that their clients are guilty should
not undertake to demonstrate their innocence. Guilty
defendants should not be entitled to false or insincere
(30) representation. When lawyers know with certainty that
a defendant is guilty, it is their duty not to deny this.
Rather, they should appraise the case as much as
possible in their client’s favor, after giving due
consideration to the facts on the other side, and then
(35) present any extenuating circumstances and argue for
whatever degree of leniency in sentencing they
sincerely believe is warranted. In cases where it is
uncertain whether the client is guilty but the lawyer
sincerely believes the client may well be innocent, the
(40) lawyer should of course try to prove that the client is
innocent.
The lawyer’s obligation to the court and to society
also ultimately benefits the defendant, because the
“best defense” can only truly be provided by an
(45) advocate who, after a careful analysis of the facts, is
convinced of the merits of the case. The fact that every
client is entitled to a defense does not mean that
defense lawyers should take every case they are
offered. Lawyers should not be mere mouthpieces for a
(50) defendant but instead advocates for the rights of the
defendant given the facts of the case.
1. Which one of the following most accurately expresses the main idea of the passage?
(A) Some legal scholars defend a morally questionable view that defense lawyers’ sole obligation to their clients is to provide the best defense, while it is the court’s job to determine guilt or innocence.
(B) Defense lawyers should put aside personal judgments about their clients’ guilt when determining how best to proceed when representing a client.
(C) In a democracy, all persons accused of crimes have a right to an attorney who will state the facts, construct sound arguments, and identify flaws in the arguments of opposing counsel.
(D) Lawyers should be mindful of their duty to society as well as to their clients and base the decision as to whether, and how, to defend a client on the facts of the case.
(E) Defense attorneys are obligated to defend clients who request their professional services, especially when the attorney is absolutely convinced of the client’s innocence.
2. Which one of the following most accurately describes the author’s attitude toward the twofold obligation introduced in lines 20–23?
(A) confident that it enables defense lawyers to balance their competing responsibilities to the court and to society
(B) certain that it prevents defense lawyers from representing clients whom they know to be guilty
(C) satisfied that it helps defense lawyers to uncover the relevant facts of a case
(D) pleased that it does not interfere with common defense strategies used by defense lawyers
(E) convinced that it does not represent a conflict of interest for defense lawyers
3. Which one of the following sentences would most logically begin a paragraph immediately following the end of the passage?
(A) In keeping with this role, defense lawyers should base their cases upon the foundations of honesty, substantive accuracy and selectivity.
(B) Therefore, the practice of law remains morally dubious, in that misrepresentation may achieve acquittal for an attorney’s client.
(C) Consequently, the defendant’s right to legal representation varies from case to case, depending on the severity of the alleged crime and the defense lawyer’s personal interpretation of the case.
(D) Thus, the lawyers’ obligations are threefold— to be faithful to the dictates of the court, society, and themselves by proving their professional worth in securing acquittal for the clients whom they represent.
(E) Therefore, judges or other officials of the court should interrogate defense attorneys regarding any prior knowledge they may have of their clients’ innocence or guilt.
4. According to the passage, the legal scholars mentioned in lines 15–19 believe that it is a defense lawyer’s role to be
(A) a source of legal information that can help a jury to reach decisions that are fair and equitable
(B) a thorough investigator of all relevant evidence
(C) a diligent representative of the client’s position
(D) a facilitator and expediter of the cause of justice
(E) an energetic advocate of the client’s right to legal representation
5. The relationship of the information contained in the two sentences at lines 28–31 to that in the sentence at lines 7–11 can most accurately be described as
(A) no significant relationship because they represent two unrelated factual statements
(B) the author’s opinion opposing another opinion reported by the author in the earlier lines
(C) a hypothetical situation supporting a statement reported by the author in the earlier lines
(D) agreement in general with the earlier position but disagreement over the particulars
(E) essentially equivalent assertions arising from different perspectives
6. It can be inferred from the passage that the author holds that a defense attorney who argues in court that a client is innocent
(A) should sincerely believe that the client may be innocent
(B) would be right to do so even if the attorney knows that the client is actually guilty
(C) is assuming that role of mouthpiece for the client
(D) has favored the obligation to the client over that to society
(E) has typically not researched the facts of the case thoroughly
7. The primary purpose of the passage is to
(A) show that ethical dilemmas in the legal profession can complicate the defense lawyer’s role
(B) argue that the defense lawyer’s duty to the court and society complements effective legal representation for the client
(C) explain why the actual guilt or innocence of a defendant is not an important issue to many defense attorneys
(D) discuss some of the issues that a defense lawyer must resolve prior to accepting a case
(E) reveal how the practice of law strengthens the values and principles of democratic societies
- Source: LSAT Official PrepTest 32
- Difficulty Level: 650
RC Butler 2021 - Practice Two RC Questions Everyday.
Passage # 217 Date: 02-Jun-2021
This question is a part of RC Butler 2021. Click here for Details
Passage # 217 Date: 02-Jun-2021
This question is a part of RC Butler 2021. Click here for Details
Re: Is it necessary for defense lawyers to believe that the clients they
[#permalink]
30 Dec 2020, 06:03
30 Dec 2020, 06:03
1
Kudos
My answers :
D
A
A
C
B
A
B
Total time 8:24
Confused about Q2 between A and E.
Would appreciate insights on Q2? Honestly, I don't see how any answers are correct for Q2. I could POE B C and D immediately. A and E both seem off to me.
D
A
A
C
B
A
B
Total time 8:24
Confused about Q2 between A and E.
Would appreciate insights on Q2? Honestly, I don't see how any answers are correct for Q2. I could POE B C and D immediately. A and E both seem off to me.
Re: Is it necessary for defense lawyers to believe that the clients they
[#permalink]
01 Jun 2021, 23:20
01 Jun 2021, 23:20
4
Kudos
1. Which one of the following most accurately expresses the main idea of the passage?
(A) Some legal scholars defend a morally questionable view that defense lawyers’ sole obligation to their clients is to provide the best defense, while it is the court’s job to determine guilt or innocence. Incorrect It is a partial scope which is covered in first paragraph.
(B) Defense lawyers should put aside personal judgments about their clients’ guilt when determining how best to proceed when representing a client. Incorrect It is a partial scope which is covered in first paragraph.
(C) In a democracy, all persons accused of crimes have a right to an attorney who will state the facts, construct sound arguments, and identify flaws in the arguments of opposing counsel. Incorrect It is a partial scope which is covered in first paragraph.
(D) Lawyers should be mindful of their duty to society as well as to their clients and base the decision as to whether, and how, to defend a client on the facts of the case. Correct. This is the main point covering all the aspect of passage.
(E) Defense attorneys are obligated to defend clients who request their professional services, especially when the attorney is absolutely convinced of the client’s innocence. Incorrect. Such a case is not provided in the passage.
2. Which one of the following most accurately describes the author’s attitude toward the twofold obligation introduced in lines 20–23?
(A) confident that it enables defense lawyers to balance their competing responsibilities to the court and to society. Incorrect. Author does not claim that it enables defense lawyers to do anything.
(B) certain that it prevents defense lawyers from representing clients whom they know to be guilty. Incorrect. The twofold obligation does not prevent lawyers from representing guilty clients. The passage further states that even guilty client deserve lawyer representation depending upon the merits of the case.
(C) satisfied that it helps defense lawyers to uncover the relevant facts of a case. Incorrect. No such information provided for the facts of case.
(D) pleased that it does not interfere with common defense strategies used by defense lawyers. Incorrect This is out of scope of passage.
(E) convinced that it does not represent a conflict of interest for defense lawyers. Correct. The author by two fold responsibilities intend to mention that the defense lawyer need to comply to responsibilities towards the client and the society simultaneously.
3. Which one of the following sentences would most logically begin a paragraph immediately following the end of the passage?
(A) In keeping with this role, defense lawyers should base their cases upon the foundations of honesty, substantive accuracy and selectivity. Correct. This is in line with the content of the third paragraph.
(B) Therefore, the practice of law remains morally dubious, in that misrepresentation may achieve acquittal for an attorney’s client. Incorrect This is a judgement not in line with the content of the passage.
(C) Consequently, the defendant’s right to legal representation varies from case to case, depending on the severity of the alleged crime and the defense lawyer’s personal interpretation of the case. Incorrect Defense lawyer's personal interpretation is not relevant but the merits of case are important.
(D) Thus, the lawyers’ obligations are threefold— to be faithful to the dictates of the court, society, and themselves by proving their professional worth in securing acquittal for the clients whom they represent. Incorrect Professional worth is not discussed.
(E) Therefore, judges or other officials of the court should interrogate defense attorneys regarding any prior knowledge they may have of their clients’ innocence or guilt. Incorrect This is not intended by the passage.
4. According to the passage, the legal scholars mentioned in lines 15–19 believe that it is a defense lawyer’s role to be
(A) a source of legal information that can help a jury to reach decisions that are fair and equitable. Incorrect This is not the role of lawyer.
(B) a thorough investigator of all relevant evidence. Incorrect Lawyer is not an investigator.
(C) a diligent representative of the client’s position. Correct. Every client deserves the diligent representative of his case and a lawyer should act as one.
(D) a facilitator and expediter of the cause of justice. Incorrect. The mentioned lines does not mean to say so.
(E) an energetic advocate of the client’s right to legal representation Incorrect. The lawyer is not an advocate of representation, he is infact a representative.
5. The relationship of the information contained in the two sentences at lines 28–31 to that in the sentence at lines 7–11 can most accurately be described as
(A) no significant relationship because they represent two unrelated factual statements,. Incorrect. There is a opposing relationship in the sentences.
(B) the author’s opinion opposing another opinion reported by the author in the earlier lines. Correct. The author gives two different opinions in these sentences.
(C) a hypothetical situation supporting a statement reported by the author in the earlier lines. Incorrect. First sentence does not support the other.
(D) agreement in general with the earlier position but disagreement over the particulars. Incorrect no agreement in both the sentences.
(E) essentially equivalent assertions arising from different perspectives. Incorrect. The views are opposite and unequal.
6. It can be inferred from the passage that the author holds that a defense attorney who argues in court that a client is innocent
(A) should sincerely believe that the client may be innocent. Correct. It is suggested by the lines "In cases where it is uncertain whether the client is guilty but the lawyer sincerely believes the client may well be innocent, the (40) lawyer should of course try to prove that the client is innocent."
(B) would be right to do so even if the attorney knows that the client is actually guilty. Incorrect. it is opposite of what is mentioned in the passage.
(C) is assuming that role of mouthpiece for the client. Incorrect. The author does not support this.
(D) has favored the obligation to the client over that to society. Incorrect. The author does not claim this.
(E) has typically not researched the facts of the case thoroughly. Incorrect. The author does not claim this.
7. The primary purpose of the passage is to
(A) show that ethical dilemmas in the legal profession can complicate the defense lawyer’s role. Incorrect. The passage does not deal with any dilemmas in legal profession.
(B) argue that the defense lawyer’s duty to the court and society complements effective legal representation for the client. Correct. This is the main idea of the passage
(C) explain why the actual guilt or innocence of a defendant is not an important issue to many defense attorneys. Incorrect. This is opposite.
(D) discuss some of the issues that a defense lawyer must resolve prior to accepting a case. Incorrect. This is covered in the last paragraph only.
(E) reveal how the practice of law strengthens the values and principles of democratic societies. Incorrect. This is out of scope.
(A) Some legal scholars defend a morally questionable view that defense lawyers’ sole obligation to their clients is to provide the best defense, while it is the court’s job to determine guilt or innocence. Incorrect It is a partial scope which is covered in first paragraph.
(B) Defense lawyers should put aside personal judgments about their clients’ guilt when determining how best to proceed when representing a client. Incorrect It is a partial scope which is covered in first paragraph.
(C) In a democracy, all persons accused of crimes have a right to an attorney who will state the facts, construct sound arguments, and identify flaws in the arguments of opposing counsel. Incorrect It is a partial scope which is covered in first paragraph.
(D) Lawyers should be mindful of their duty to society as well as to their clients and base the decision as to whether, and how, to defend a client on the facts of the case. Correct. This is the main point covering all the aspect of passage.
(E) Defense attorneys are obligated to defend clients who request their professional services, especially when the attorney is absolutely convinced of the client’s innocence. Incorrect. Such a case is not provided in the passage.
2. Which one of the following most accurately describes the author’s attitude toward the twofold obligation introduced in lines 20–23?
(A) confident that it enables defense lawyers to balance their competing responsibilities to the court and to society. Incorrect. Author does not claim that it enables defense lawyers to do anything.
(B) certain that it prevents defense lawyers from representing clients whom they know to be guilty. Incorrect. The twofold obligation does not prevent lawyers from representing guilty clients. The passage further states that even guilty client deserve lawyer representation depending upon the merits of the case.
(C) satisfied that it helps defense lawyers to uncover the relevant facts of a case. Incorrect. No such information provided for the facts of case.
(D) pleased that it does not interfere with common defense strategies used by defense lawyers. Incorrect This is out of scope of passage.
(E) convinced that it does not represent a conflict of interest for defense lawyers. Correct. The author by two fold responsibilities intend to mention that the defense lawyer need to comply to responsibilities towards the client and the society simultaneously.
3. Which one of the following sentences would most logically begin a paragraph immediately following the end of the passage?
(A) In keeping with this role, defense lawyers should base their cases upon the foundations of honesty, substantive accuracy and selectivity. Correct. This is in line with the content of the third paragraph.
(B) Therefore, the practice of law remains morally dubious, in that misrepresentation may achieve acquittal for an attorney’s client. Incorrect This is a judgement not in line with the content of the passage.
(C) Consequently, the defendant’s right to legal representation varies from case to case, depending on the severity of the alleged crime and the defense lawyer’s personal interpretation of the case. Incorrect Defense lawyer's personal interpretation is not relevant but the merits of case are important.
(D) Thus, the lawyers’ obligations are threefold— to be faithful to the dictates of the court, society, and themselves by proving their professional worth in securing acquittal for the clients whom they represent. Incorrect Professional worth is not discussed.
(E) Therefore, judges or other officials of the court should interrogate defense attorneys regarding any prior knowledge they may have of their clients’ innocence or guilt. Incorrect This is not intended by the passage.
4. According to the passage, the legal scholars mentioned in lines 15–19 believe that it is a defense lawyer’s role to be
(A) a source of legal information that can help a jury to reach decisions that are fair and equitable. Incorrect This is not the role of lawyer.
(B) a thorough investigator of all relevant evidence. Incorrect Lawyer is not an investigator.
(C) a diligent representative of the client’s position. Correct. Every client deserves the diligent representative of his case and a lawyer should act as one.
(D) a facilitator and expediter of the cause of justice. Incorrect. The mentioned lines does not mean to say so.
(E) an energetic advocate of the client’s right to legal representation Incorrect. The lawyer is not an advocate of representation, he is infact a representative.
5. The relationship of the information contained in the two sentences at lines 28–31 to that in the sentence at lines 7–11 can most accurately be described as
(A) no significant relationship because they represent two unrelated factual statements,. Incorrect. There is a opposing relationship in the sentences.
(B) the author’s opinion opposing another opinion reported by the author in the earlier lines. Correct. The author gives two different opinions in these sentences.
(C) a hypothetical situation supporting a statement reported by the author in the earlier lines. Incorrect. First sentence does not support the other.
(D) agreement in general with the earlier position but disagreement over the particulars. Incorrect no agreement in both the sentences.
(E) essentially equivalent assertions arising from different perspectives. Incorrect. The views are opposite and unequal.
6. It can be inferred from the passage that the author holds that a defense attorney who argues in court that a client is innocent
(A) should sincerely believe that the client may be innocent. Correct. It is suggested by the lines "In cases where it is uncertain whether the client is guilty but the lawyer sincerely believes the client may well be innocent, the (40) lawyer should of course try to prove that the client is innocent."
(B) would be right to do so even if the attorney knows that the client is actually guilty. Incorrect. it is opposite of what is mentioned in the passage.
(C) is assuming that role of mouthpiece for the client. Incorrect. The author does not support this.
(D) has favored the obligation to the client over that to society. Incorrect. The author does not claim this.
(E) has typically not researched the facts of the case thoroughly. Incorrect. The author does not claim this.
7. The primary purpose of the passage is to
(A) show that ethical dilemmas in the legal profession can complicate the defense lawyer’s role. Incorrect. The passage does not deal with any dilemmas in legal profession.
(B) argue that the defense lawyer’s duty to the court and society complements effective legal representation for the client. Correct. This is the main idea of the passage
(C) explain why the actual guilt or innocence of a defendant is not an important issue to many defense attorneys. Incorrect. This is opposite.
(D) discuss some of the issues that a defense lawyer must resolve prior to accepting a case. Incorrect. This is covered in the last paragraph only.
(E) reveal how the practice of law strengthens the values and principles of democratic societies. Incorrect. This is out of scope.
