Question

Paralegal Ava is writing a brief in defense of a lawyer facing disciplinary charges. Ava has a choice between citing her state's professional conduct rule 3.7 (on the lawyer acting as a witness in his own trial) or ABA Model Rule 3.7. Both rules say exactly the same thing, but the ABA Rule has explanatory Comments, and her state law does not. Her best choice is to:_____

Answer 1

Paralegal Ava should cite the ABA Model Rule 3.7 in her brief because it includes explanatory Comments that provide additional clarity and support for her argument.

Step-by-step explanation:

Paralegal Ava, while writing a brief in defense of a lawyer facing disciplinary charges, is considering whether to cite her state's professional conduct rule 3.7 or the ABA Model Rule 3.7. Given that legal English aims to be consistent, complete, valid, and formal to facilitate judicial agreement and that legal briefs are meant to persuade the court without room for ambiguity, she should cite the rule that provides the most clarity and support for her argument. Since the ABA Model Rule includes explanatory Comments that could provide additional context and interpretation to strengthen her argument, Ava's best choice would be to cite the ABA Model Rule 3.7 in her brief in defense of the lawyer.