Lawyers Are Not Infallible: The Limits of Legal Knowledge
Lawyers Are Not Infallible: The Limits of Legal Knowledge

A lawyer who claims to know everything about the law is a liar, according to a veteran journalist. No attorney, regardless of experience, can achieve full mastery of the vast and ever-evolving legal system. The only difference between a veteran and a rookie is that the former has already filled his quota of mistakes, while the latter is just beginning to count his.

The Fallibility of Legal Professionals

Even judges are not immune to errors, which is why appeals courts exist to correct mistakes made by lower courts. The law is vast and unpredictable because it continues to evolve. While the doctrine of stare decisis promotes consistency and predictability, many cases have shown that the application of the law to similar facts can change over time.

Human Nature and Legal Practice

Lawyers are human beings, not machines. No matter how diligently they prepare, there is always a chance that a detail with far-reaching implications has been overlooked. This is especially true for legal principles considered "must know" for all lawyers. Missing them is almost unforgivable.

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For example, law students learn early on that a warrant of arrest is served on the person to be arrested, not on or through their lawyer. However, a former senatorial candidate on the legal team of an accused wanted by the International Criminal Court insisted that the warrant should have been served through the lawyers instead of on the accused himself. The accused stumbled and fell while being chased by National Bureau of Investigation agents.

Loyalty to the Client

Such fealty to the client is rare and admirable. The journalist suggests that the lawyer should be asked if he is willing to go to jail in place of his client, who has disappeared again, to demonstrate his undying loyalty.

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