Law and Case
Counteranalysis
Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it. Analysis is application of law to the case. And when we know what analysis is it is not difficult to determine what is counteranalysis. Counteranalysis is anticipating of argument that is likely to be raised by opponent as a respond to your analysis. Argument that is brought as a result of other argument is called counterargument. We need to research and find every possible counterargument that can be presented as an answer on legal argument. There are several main reasons why counteranalysis is important. First is that an attorney has an ethical duty to reveal legal authority that is not going in favor of a client if it is not revealed from opposite side attorney. This is provided by Rule 3.3(a) (3) of the American Bar Association’s Model Rules of Professional Conduct. Main goal of adversary system is to serve justice, and legal researcher needs to provide attorney with all relevant authority, even with those that are adverse to the client. Also by Model Rule 1.1. attorney, paralegal, and law clerk are required to finish their job completely, and that means to analyze both sides of an issue. If they fail to do that it can be considered as malpractice. Being prepared means that you are ready to respond on any legal argument that is raised by the other side. One more importance of counter analysis is that it can aid while determining the merits or while selecting appropriate cause of action. Applying counteranalysis in right way is also important to maintain good reputation and credibility. If lawyer fail to find adverse authority before the
Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it. Analysis is application of law to the case. And when we know what analysis is it is not difficult to determine what is counteranalysis. Counteranalysis is anticipating of argument that is likely to be raised by opponent as a respond to your analysis. Argument that is brought as a result of other argument is called counterargument. We need to research and find every possible counterargument that can be presented as an answer on legal argument. There are several main reasons why counteranalysis is important. First is that an attorney has an ethical duty to reveal legal authority that is not going in favor of a client if it is not revealed from opposite side attorney. This is provided by Rule 3.3(a) (3) of the American Bar Association’s Model Rules of Professional Conduct. Main goal of adversary system is to serve justice, and legal researcher needs to provide attorney with all relevant authority, even with those that are adverse to the client. Also by Model Rule 1.1. attorney, paralegal, and law clerk are required to finish their job completely, and that means to analyze both sides of an issue. If they fail to do that it can be considered as malpractice. Being prepared means that you are ready to respond on any legal argument that is raised by the other side. One more importance of counter analysis is that it can aid while determining the merits or while selecting appropriate cause of action. Applying counteranalysis in right way is also important to maintain good reputation and credibility. If lawyer fail to find adverse authority before the