I always appreciate the civil and intelllectual tone in your style.
with me anyways
"The lawyer seems to be defending her client on the basis "I'm hired to do a job"
?I am hired to do the job? is a little neat sentence I often hear from the lawyers saying to most of the witness that he has been putting through a very emotional and distressful moments of extensive examination (a term mostly used in other type of cases) or questioning (a term used mostly for Family Law cases). Some of the witness cries, some gets very hostile. In some rare occasion, the witness fainted and one tried to jump off the window. And when this happens, the witness?s counsel usually tries to calm his client and often would say, ?It?s okay, he?s just doing his job? followed by telling his witness, ?Do you want to take a break?, or he would asked the other examining counsel, ?Can we take a break, my client needs a little time?. And after the examination, both lawyers would say, ?Hey! I am just doing my job? especially when both are feeling strongly about the case that they are representing where settlement is quite impossible.
According to the article,
A lawyer has threatened to sue police officers who handcuffed an allegedly uncontrollable five-year-old after she acted up at a Florida kindergarten.
A lawyer for the girl's mother said the episode was "incomprehensible".
He sure appears to be doing his job by building a case base upon what appears to be an ?Abuse?, using the video as one of his evidence. He will most likely even dig into the profiles of these officers to see whether there are any records of violation committed at any time during their community service (examining character and credibility). He will also probably try to build a case against the school or the teacher(s) in the manner in which they have handled the situation. He will call experts and witnesses to testify on behalf of his clients (if available). He will try his best and strongly insist to prove that there was an abuse. And why not? There?s money to win against the City and the School plus liability insurance if any (individually or the establishment in itself).
You asked,
but I need to ask if the lawyer is acting out of obligation or at his/her option to take or refuse the case. If taking this case was optional, was the decision based on it's merits as far as what was "just" or just what would pay
There will always be an ?Obligation? (personal and professional interests). A lawyer can refuse a case at anytime (he will find his reasons). He can also resign from a case at anytime (he will give his reasons in writing). The individual lawyers like any other professions ? there?s a purpose (achievements, reputations, recognitions, fees for the services base on excellence and experiences in the field) ~ whatever it takes to WIN.
Even the guilty ones would need a lawyer. So a client would most likely find a lawyer who is known and good at defending the crookedness to make it appear legitimately right. i.e. Saddam?s lawyers, M. Jackson, M. Stewart, O.J Simpson etc?
So to answer what is ?just? or ?just what would pay?, entirely depends on the predicament that I am in (as a client) wherein their service I will require. And if I am in the lawyer?s position, I have the option to accept or decline or resign from continuing to provide the service base on my beliefs and morals and how important are they to me after considering all the ?REASONS?.
CL