Conquering Competency and Other Professional Responsibility Pointers for Appellate Practitioners

摘要

In order for America's judicial system, military and civilian, to function properly, a vigorous appellate system is necessary. That system depends on professionally responsible attorneys to help guide the justices to achieve the right end.171 As the military's highest appellate court has long recognized, it may be "flattering" to appellate judges to think of them as "infallible," but it is the "skillful advocate" who acts as a guide in the court's quest for justice.172 To be skillful, that advocate must recognize the specialized nature of professional responsibility in appellate practice, and act accordingly. As the Chief Judge for the Northern District of Illinois stated: "Any notion that the duty to represent a client trumps obligations of professionalism is, of course, indefensible as a matter of law."173