Final answer:
An attorney is responsible for presenting their client's case in the most favorable light, making use of beneficial legal precedents and mitigating the impact of unfavorable ones. The adversarial system, with its roots in common law, ensures that both sides are heard by an impartial judge or jury. Landmark cases like Glasser v. United States and decisions by the solicitor general are critical in shaping legal advocacy and representation in the court system.
Step-by-step explanation:
In every legal problem, there are multiple perspectives to consider. An attorney aims to represent their client's interests vigorously, advocating for the application of legal authority favorable to their client's position while attempting to distinguish or downplay unfavorable precedents or statutes. The solicitor general plays a unique role by determining the position the government will take in cases before the Supreme Court, preparing briefs, and presenting oral arguments. During these oral arguments, attorneys must be prepared to answer justices' questions rather than simply restate their written arguments.
The U.S. legal system is adversarial by nature, grounded in the common law tradition, meaning that for each case, two opposing sides present their arguments for a judge or jury to consider. Precedents may guide the court in various directions, but judges ultimately have to decide which ones are applicable. One landmark case, Glasser v. United States, emphasized the importance of conflict-free representation under the Sixth Amendment. Furthermore, rights to legal representation have been greatly expanded since the Scottsboro case, ensuring that even those who cannot afford an attorney are provided with one by the state.
Finally, attorneys also have a responsibility to inform their clients of potential consequences of their legal actions, as represented in Strickland v. Washington and Padilla v. Kentucky, ensuring that clients are aware of all possible outcomes, including immigration consequences. This level of professionalism and advocacy demonstrates the attorney's role in navigating complex legal issues to protect their client's interests.