Adversarial lawyers serve clients while inquisitorial lawyers serve justice

Evidence

In an adversarial system, the duty of attorneys during litigation is, according to the American Bar Association, to “represent their clients zealously within the confines of the law.” In an inquisitorial system, in contrast, the lawyer is—according to the German code of legal ethics—an “independent organ in the administration of justice.” Thus, the American attorney’s concern is for his or her client; the German attorney’s is for justice. — G. Alan Tarr, Judicial Process and Judicial…, 636

Categorization

• DEFINE: Sharp contrast of the two ethical duties of lawyers, directly relevant to legal ethics study.
• XREF: connects to: Inquisitorial systems give judges rather than lawyers the dominant courtroom role — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 343; Adversarial trials let each side’s attorneys shape evidence presentation to serve their clients. — G. Alan Tarr, Judicial Process and Judicial…, 790; Ethical ideals differ between client-loyalty and justice-serving lawyers — G. Alan Tarr, Judicial Process and Judicial…, 933 (+7 more)

Broader Connections

• Ethical ideals differ between client-loyalty and justice-serving lawyers #corroborates (0.92) — G. Alan Tarr, Judicial Process and Judicial…, 933
• Adversarial trials let each side’s attorneys shape evidence presentation to serve their clients. #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 790
• The adversary versus inquisitorial contrast is overstated in practice #complicates (0.82) — Lawrence M. Friedman and Grant M. Hayden, American Law, 346
• Inquisitorial systems give judges rather than lawyers the dominant courtroom role #qualifies (0.78) — Lawrence M. Friedman and Grant M. Hayden, American Law, 343
• Bias affects even well-intentioned egalitarian defense attorneys who represent the accused #complicates (0.74) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 665
• Unconscious bias affects even well-intentioned opposing-counsel defenders #complicates (0.73) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 665
• Unacknowledged unconscious bias still influences attorney behavior #complicates (0.72)