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# Is it necessary for defense lawyers to believe that the clients they

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Re: Is it necessary for defense lawyers to believe that the clients they [#permalink]
Can someone please explain 2nd question in detail?

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Re: Is it necessary for defense lawyers to believe that the clients they [#permalink]
Nidhibatra wrote:
Can someone please explain 2nd question in detail?

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Explanation

2. Which one of the following most accurately describes the author’s attitude toward the twofold obligation introduced in lines 20–23?

Difficulty Level: 750

Explanation

An “author’s attitude” question, we have suggested elsewhere in your Kaplan training, should begin with a decision as to whether the author is positive or negative, then to what extent. That process will usually help you toss out one or more choices and leave the field clearer for the right answer to pop out. Here, unfortunately, all five choices begin with upbeat, positive adjectives that reflect the author’s enthusiasm for the notion that the lawyer must balance a duty to the client with the larger duty to the court (and to us). Your best bet was probably to start reading the choices in search for an inferable assertion.

(A) is a distortion of lines 20-23 – and a clever one, which means that many students surely chose it. Reread the stem. The “twofold obligation” defines lawyers’ “competing responsibilities”; it doesn’t “enable” anything.

(B) Hardly. Such clients still deserve representation (lines 26-37).

(C) keys off a minor reference in Para 1 to one view of the defense attorney as fact-stater (line 12). The passage never takes up the role of the attorney as fact-finder.

(D) is baffling. “Does not interfere with common defense strategies?” Where does that come in? This author’s purpose is to articulate an ethical position; he has no interest in even taking up the idea of “common…strategies” let alone tout them.

(E) must be correct since the others are so faulty, and so it is. Nowhere does the author suggest that the “twofold obligation” involves contradictory impulses. Indeed, lines 42-43, and later 49-51, explicitly state that those obligations can and should be carried out simultaneously, a position that is implicitly held from line 21 on.

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Re: Is it necessary for defense lawyers to believe that the clients they [#permalink]
Nidhibatra wrote:
Can someone please explain 2nd question in detail?

Posted from my mobile device

Explanation

2. Which one of the following most accurately describes the author’s attitude toward the twofold obligation introduced in lines 20–23?

Difficulty Level: 750

Explanation

An “author’s attitude” question, we have suggested elsewhere in your Kaplan training, should begin with a decision as to whether the author is positive or negative, then to what extent. That process will usually help you toss out one or more choices and leave the field clearer for the right answer to pop out. Here, unfortunately, all five choices begin with upbeat, positive adjectives that reflect the author’s enthusiasm for the notion that the lawyer must balance a duty to the client with the larger duty to the court (and to us). Your best bet was probably to start reading the choices in search for an inferable assertion.

(A) is a distortion of lines 20-23 – and a clever one, which means that many students surely chose it. Reread the stem. The “twofold obligation” defines lawyers’ “competing responsibilities”; it doesn’t “enable” anything.

(B) Hardly. Such clients still deserve representation (lines 26-37).

(C) keys off a minor reference in Para 1 to one view of the defense attorney as fact-stater (line 12). The passage never takes up the role of the attorney as fact-finder.

(D) is baffling. “Does not interfere with common defense strategies?” Where does that come in? This author’s purpose is to articulate an ethical position; he has no interest in even taking up the idea of “common…strategies” let alone tout them.

(E) must be correct since the others are so faulty, and so it is. Nowhere does the author suggest that the “twofold obligation” involves contradictory impulses. Indeed, lines 42-43, and later 49-51, explicitly state that those obligations can and should be carried out simultaneously, a position that is implicitly held from line 21 on.

­Can you show the details in the passage that related to "a conflict of interest for defense lawyers"? i cant' find anything
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Re: Is it necessary for defense lawyers to believe that the clients they [#permalink]

janitious wrote:
­Can you show the details in the passage that related to "a conflict of interest for defense lawyers"? i cant' find anything

­
In lines 20–23 the author introduces the idea of a twofold obligation to both the defendant and the court, emphasizing that the lawyer's responsibility extends beyond just the client. In lines 24–29: "For this reason..........insincere representation." the author suggests that providing false or insincere representation would be inappropriate, emphasizing the integrity of the legal process. In lines 44–49: "The fact that every client is entitled.................given the facts of the case." These lines highlights that the entitlement to a defense does not equate to a lawyer blindly taking any case. Instead, lawyers are expected to be advocates for their clients based on the merits of the case.

Cheers
Re: Is it necessary for defense lawyers to believe that the clients they [#permalink]
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