1. Judgment is an essential characteristic of the lawyer-statesman
in making normative choices. When a lawyer faces a case, where does judgment fit in, as opposed to her skills acquired while she was in law school?
According to Kronmans view, excellent judgment flows from the
ability to deliberate well. Possessing such skills is fundamental and a trait of character that involves technical knowledge and effective quality of common sense that purport practical wisdom which defined the soundness of judgment. Deliberative excellences have to be shape through the method of legal education because in some instances, a lawyer is put into the position of a judge. Also, there are cases that are incommensurable possibilities which cannot be evaluated by purely logical process. Therefore, a lawyer-statesman may reasonably expect their professional experience to promote the virtue of practical wisdom in any circumstances, especially providing advice that is to provide deliberative rather than merely technical advices.
2. What is the measurement of detachment a lawyer should feel
when faced with the problems of his client? How could a lawyer balance her professional work with the required ethos from her by the court and her client?
Kronman cites the article by Lynne Henderson, argues that the
exclusion of empathy under the rationalist view of legality actually defeats the ability of the courts to do justice which is very true, considering that we cannot escape denial of certain rights from the concept of legality. Nevertheless, a lawyer must possess that character of empathy to implicate certain calmness in her deliberation, together with a balanced understanding towards the various concerns and situations. A lawyer must balanced her professional work with the maieutic concept which denotes the function of a midwife and the action of bracketing or suspending ones personal values that signifies a lawyer to bracket her personal interest and serve as a midwife for the law, and for her clients interest subject to the law. 3. As deduced from both readings in public lawyering, analyze how the ideal lawyer can change our culture in issues covering both the legal system and political system.
Indeed, it is a tough and crucial responsibility of an ideal lawyer to
be a part in changing cultural issues with regards to legal and political systems. Looking into the ethos of the different places in the Philippines as bases, a lawyer should be able to amble through political impediment since the politicians vest the authority and control all government affairs as well as the legal system. According to the readings substances, in order for a lawyer to correct this reality of a political impediment, their law practice must prioritize into judicial activism as a conscious choice to fight the system. To become relevant to the society, lawyers and judges should not limit their activities to the peculiar problems of administration of justice but they should have a well-rounded view of the conditions and policies prevailing in our society and lead in the effort to find solutions for the multifarious problems that affect the nation.
4. Discuss the role of lawyers in handling marriage settlements and
how they effectively settle matrimonial disputes.
The roles of a Lawyer in handling settlement are focus on to give
advices, obtain relevant information and participate in designing and implementing an integrated discovery plan. They also hired by the parties as consultant for information getting purpose, making of agreement and signing of authorization to obtain information from third parties without delay when necessary. In order a lawyer to effectively settle matrimonial dispute, he must be neutral, must not represent particular parties and must not decide who is right or wrong but only to help or guide parties to communicate in a proper way.
5. A reading of American law school curriculum suggests its
preparation of law students to effective legal practice. Compared to our present Philippine set up of law schools, we are a total mess in producing lawyers. What could be done to correct this manifest error to produce the ideal lawyer? Make a careful analysis by involving all actors, variables, and factors that you can think of. I would support and encourage the idea that there should be re- designment of the set of law school in our country with the high standard of accreditation process to correct those scholastic law curriculum and faculty teaching method. These redesignment includes the invention of new model of law school that have a powerful approach that is capable of replacing a substantial part of traditional legal education, example of this are the following: approach represented a change in educational psychology; use of technology; promotion to specific market niches; budgeting; hiring; and method.