Lawyers are storytellers who face super pressure to steer judges and juries of the rightness of their stories. Zealous advocacy has lengthy been a touchstone in lawyering, however lawyers need to balance zealousness with candor to the tribunal. As narrative and storytelling have advanced in scholarship and apply as powerful instruments for persuasion, lawyers can discover themselves strolling a delicate moral line. The applicable Model Rules of Professional Conduct don’t present a enough framework for guaranteeing sufficient candor in the usage of narrative, significantly when considering the cultural and psychological power inherent in tales. Thus, lawyers can find themselves sliding on a slippery slope into ethically actionable misrepresentation.
As this constitutional saga unfolds, the query of settled apply takes a central position in assessing which transgressions of governing norms are permissible, and which aren’t. When the transgressing authority takes the form of a largely unchecked govt, whether or not within … Read More