Lawyers Should Never Go Down Without A Fight - Above the Law
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Lawyers Should Never Go Down Without A Fight - Above the Law
"Lawyers often need to represent clients that do not have too many defenses for the crimes charged or the civil wrongs alleged. However, our adversarial system of justice requires that people get solid representation since justice is easier to attain when the best arguments are presented by all sides. As attorneys, it can sometimes be easy to give up and throw in the towel on certain aspects of a representation. However, in most situations, lawyers should not go down without a fight."
"Earlier in my career, I represented a client in an eviction matter that was filed by a landlord. My client had not paid the rent as owed under the lease. As a result, the landlord instituted an eviction action. None of the typical arguments for tenants existed since the landlord was not in breach of the lease itself nor had the landlord constructively evicted the tenant or committed any other type of harm."
Attorneys often must represent clients who lack strong defenses for alleged crimes or civil wrongs. The adversarial justice system functions best when each side presents its strongest arguments. Lawyers can sometimes be tempted to abandon certain defenses, but many situations call for vigorous advocacy. Civil practice often includes landlord-tenant and commercial disputes where straightforward legal arguments can advance a client's interests. An eviction example shows a tenant who failed to pay rent and faced landlord-initiated eviction without typical tenant defenses. The attorney refused to concede possession and insisted the landlord meet its burden of proof, choosing to contest the claim.
Read at Above the Law
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