RHCTSC at AOL.COM
RHCTSC at AOL.COM
Fri Aug 17 13:36:47 PDT 2001
In a message dated 8/17/01 11:10:32 AM Central Daylight Time,
PHorwitz at OMM.COM writes:
> I don't have this text, so I'm not sure of the answer, but was it the Jewish
> lawyer who used the phrase "fundamentalist rednecks"? Or the client and the
> other attorneys? The earlier description wasn't very clear on this. And
> was he stating his own opinion, or paraphrasing the client and other
> attorneys, who evidently shared the same view, since they were determined to
> exclude their Jewish colleague from particpating at trial.
> In any event, while the phrase unfortunately does capture how a number of
> people feel about many Southerners, there is still a distinction between
> prejudice and discrimination. Full many an individual who may harbor a
> prejudice against my views and/or status would not for a moment consider
> treating me as the associate in this anecdote was treated. The partner's
> effort to reassure the associate that he too disliked the alleged (and
> unproven) biases in the jury pool can't have been too comforting in light of
> the fact that he was perfectly willing to give in to them.
> Paul Horwitz
> phorwitz at OMM.com
I know this is slightly off topic, but . . . .
Doesn't the associate have an obligation to position the client so that he or
she will have the greatest probability of success, in so far as the lawyer
can do so without breaking the law, professional norms, or moral principles?
Why would a lawyer insist upon trying a case if some personal characteristic
of the lawyer might adversely affect the outcome? Certainly if the lawyer
believes he or she has unique skills that more than offset the potential
adverse effects from his or her race, sex, religion, regional accent, etc.,
then the lawyer could and should argue to be permitted to try the case. But
if the skills the lawyer brings are easily found in another lawyer without
the potentially damaging characteristic, doesn't the duty to client at least
require the offer to step aside?
The Jewish lawyer case is dramatized in Gillers video for professional
responsibility classes, and I have shown it as some CLE's. One senior
partner said the way his firm would resolve the matter is to let the
associate try the case surrounded by a cadre of "good ole boys" hired
primarily to serve some community validating function. But should the client
really bear the cost of this expense?
Teresa S. Collett
Professor of Law
South Texas College of Law
1303 San Jacinto
Houston, TX 77002-7000
(713) 646-1766 FAX
tcollett at stcl.edu
-------------- next part --------------
An HTML attachment was scrubbed...
More information about the Religionlaw