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Santa Clara, California 95053
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Ethical Advocacy
Course Number: 517    Units: 3

Upon taking the Lawyer's Oath, a newly admitted attorney faces three significant sets of conflicts. First, there is the conflict between one's persoal morality and one's professional obligations. There are things that lawyers must do for clients that may be personally offesnive. Second, there is the conflict between a lawyer's duty to the client versus duties owed to the court, opposing counsel, and society in general (obligations to justice). Third, there are conflicts between the rules of ethics and a lawyer's zealous advocacy for a client. At minimum, the lawyer must meet the legal standard of reasonable care in order to avoid committing malpractice, and the ethical standard of competence to avoid being disciplined. At the other extreme, a lawyer's zeal is bounded by the laws of evidence, rules of ethics, and codes of civility. This course will focus on the ethical limits of advocacy in a variety of settings, including engaging in negotiatons, responding to discovery, coaching witnesses, offering evidence at trial, and the presentation of opening and closing arguments. In essence, the course focuses on trial tactics and persuasion. The central question will be: "What is the lawyer's commitment to truth?" Social justice issues permeate the materials. Class presentations and a final paper will also be required.

Certificate(s):  Public Interest and Social Justice Law Certificate (List C)
Professors: Alan Scheflin  
Students should also check the current course schedule to view any semester- specific changes to the course description, units, or grading options.