A lawyer generally functions in one of two basic modes: as counselor and problem-solver to the client, or as advocate on behalf of the client to the external world. Each role demands somewhat different skills and modes of analysis, as well as different styles of writing in the performance of each function.
This seminar will focus upon each of these modes of practice in the context of a hypothetical representation. The student will first function as counselor. In this role, the student will analyze the client's circumstances under the applicable law, reading the precedents and drafting a memo that explains the law's likely application to the client's case and offers advice on how best to proceed. Thereafter, and in the same basic factual context, the student will take the role of advocate. We will assume that the client has now entered litigation on the matter and the student will draft a brief or memorandum of points and authorities arguing the client's case on the same legal issues that were the subject of the "counseling" memo.
Finally, the student will put these two distinct texts together in a paper that reflects upon and contrasts the methods and responsibilities of the lawyer as counselor/problem solver and the lawyer as advocate. The paper will also address some of the ethical/legal issues that arise when practicing lawyers confuse, or intentionally contort, these roles.