Since 1977, Jon Michael Probstein has assisted people and businesses in all matters. In accordance with the Rules of Professional Conduct, this may be deemed "Attorney Advertising". Nothing contained herein should be construed as legal advice. Admitted in New York and Massachusetts. Always consult a lawyer regarding any matter. Call 888 795-4555 or 212 972-3250 or 516 690-9780. Fax 212 202-6495. Email jmp@jmpattorney.com
Tuesday, March 5, 2019
A ZEALOUS LAWYER NO MORE
Definition: zealous adjective zeal·ous | \ ˈze-ləs \ Definition of zealous : marked by fervent partisanship for a person, a cause, or an ideal : filled with or characterized by zeal zealous missionaries.
It was first in Law School that I learned of the zealous lawyer. The American Bar Association's Model Rules of Professional Conduct: Preamble & Scope states in paragraph 2: "As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system."
But since 2009, when New York adopted it's Rules of Professional Conduct, the word zealous can no longer be found. And as one writer noted: "The demise and disappearance of “zeal” from our ethical rules is more than a matter of semantics. In fact, it is evidence of a fundamental paradigm shift that is and has been occurring in our legal system. Perhaps sensitive to criticism that they are nothing more than hired guns who represent guilty clients at any cost, lawyers have gradually migrated toward the position that they have a duty to the “truth” or the “system” that takes precedence over their duty to represent their clients with zeal." Where Did the Zeal Go? Lawrence J. Vilardo, Vincent E. Doyle III, ABA Litigation Journal, Fall 2011
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