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Problem areas in Legal Ethic

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.

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