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- W1497650976 abstract "I am honored to be asked to participate in this dialogue with such distinguished speakers. I hope to contribute to tonight's discussion by responding to Cardinal Dulles's edifying remarks from a practical perspective. (1) Both Dean Feerick and the Cardinal have illuminated us with broad remarks relating to American jurisprudence and the social teachings of the Catholic church. (2) I hope to address what some of this means to us in our daily lives as practicing attorneys. The Cardinal began his remarks by discussing a widespread assumption in American society that religion belongs in church on Sunday, and that it not enter into our public or professional lives. (3) But, as the Cardinal responded, the whole idea behind what we learn in church on Sunday is to gain edification for our everyday lives outside the church, to help us in our daily quest to come closer to God. (4) That is what being a Catholic is all about. It is not something you can or turn on and off, depending on who you are with, or what you are doing. Having said that, some of the key points of intersection between Catholic social principals and the practice of law are a bit hard to swallow as an attorney. The Cardinal commented that lawyers strive for results that justice for the parties, that they should not blindly support their client's greed for profit at the expense of other parties, and that, in negotiations, they seek to preserve the rights of all concerned. (5) But, in the context of litigation, is it my job to do justice for the parties? I do not believe so. It is my job to represent my client's interests, not the interests of all concerned. The judge and the law decide what is greed for profit at someone's expense, and what is simply good business. From my client's perspective, her adversary's actions are at her expense, and vice versa. In fact, I am doing my client a great injustice if I am equally concerned with preserving the rights of my client's adversary as I am in fighting for my client's rights. (6) In fighting for her client's interests, a lawyer is serving a necessary in our system of justice and in that way is contributing to the common good. (7) As Cardinal Dulles noted in his enlightening book, The Splendor of Faith, [t]he Church, for its part, teaches its members to serve the common good of the secular society, to perform their civic duties[.] (8) At the same time, that is not to say that reliance on role will always excuse a lawyer's choices and decisions. Resorting to to justify invidious actions is nicely illustrated by a biblical reference: Pontius Pilate relied on his as Governor of Judea in giving Christ up to be crucified. (9) As Governor, Pilate's duties included the maintenance of law and order, and he possessed supreme judicial authority. (10) Pilate is portrayed in Luke's gospel as personally believing that Jesus is blameless, yet, Pilate gave Christ up to be crucified. (11) Pilate then washes his hands of this act, symbolically separating his personal beliefs from the decision he made in his as judge and governor. (12) In this circumstance, Pilate's reliance on to distance himself from his decision could not wash away the crime that befouled his conduct. When is it okay to justify your actions based on the idea that you are performing a societal role, versus declining to do something for a client, even though it is best for the client, because it is morally repugnant? The answer to this question lies in each lawyer's discretion, which will necessarily be guided by her faith. The preamble to the Model Rules of Professional Conduct obliquely recognizes this point, in stating that where circumstances call for discretion, issues must be resolved through the exercise of sensitive professional and moral judgment. (13) Guidance in these difficult areas of discretion is something we hope to gain when we go to church on Sunday. …" @default.
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- W1497650976 date "2002-11-01" @default.
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- W1497650976 title "Catholic Social Teaching and American Legal Practice: A Practical Response" @default.
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