NAAC Teams Shine in Philadelphia

Twenty-three teams from across the country arrived in Philadelphia at the United States District Court for the Eastern District of Pennsylvania on February 16, all prepared to present oral arguments in the National Appellate Advocacy Competition regional. Two of those teams were from Marquette University Law School, and they shone.

Emily Ward and Kyle Elderkin at the National Appellate Advocacy Competition in Philadelphia.

First, 3L team Kyle (Kip) Elderkin, Emily Ward, and Jessica Zimpfer. Unfortunately, a couple of days before the competition, Zimpfer became ill and was unable to travel. The loss of able advocate Zimpfer meant that Ward had only a couple of days to prepare to argue both sides of their issue. Even so, Ward and Elderkin advanced to the regional semifinals, but lost in that round. Both received perfect oral advocacy scores from one of the judges in an earlier round.

Andrew Holzmann, Abigail Kincheloe, and J.P. Curran at the National Appellate Advocacy Competition in Philadelphia.

Second, 3L team J.P. Curran, Andrew Holzmann, and Abigail Kincheloe. These three argued their way into the regional finals round—one win away from advancing to the national competition—but did not prevail. However, their brief tied for fourth best in the region, and Andy Holzmann was named eighth best oralist in the region.

Congratulations to each team member for their outstanding representation of Marquette Law. And our deepest gratitude goes to Attorneys Julie Leary (L’20), Jay McDivitt (L’21), Ben Edelstein (L’22), and Kyle Frank (L’22), who devoted many hours to coaching the teams. Thank you, too, to the many guest judges: Xavier Jenkins (L’21), Rebeca Lopez (L’12), Dan Murphy (L’16), Jacob Rozema (L’20), Zach Willenbrink (L’11), and Adam Woodside (L’18).

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Mission, Vocation, and Ethics: A Reflection on The Lawyer’s Conscience

This is the third in a series of three blog posts this week by Marquette law faculty on a new book.

The Lawyer's Conscience - A History of American Lawyer EthicsAs a Catholic priest and member of the Society of Jesus (that is, the Jesuits), my life is defined by mission. I may be a professor, a campus minister, even a lawyer, but these professional lives are founded upon—and to an extent dependent upon—that deeper vocational life. While there has been a role for personal judgment and discretion, specific performance of any job comes only subsequent to the religious judgment and discernment of my major superior, who formally “missions” every Jesuit to his particular assignment. I am not merely wafting through whatever I fancy or have some minimal technical proficiency in, and what makes me “good” (or not) stems not from proficiency but from the fact of mission. Vocation begets mission begets profession.

I am put in mind of this dynamic as I reflect upon Michael S. Ariens’s recently published The Lawyer’s Conscience: A History of American Lawyer Ethics (University of Kansas Press 2022). Ariens surveys the history of how lawyers imagined themselves and how competing images have been synthesized into a multifaceted, perhaps self-contradictory conception of the modern lawyer. Throughout this survey, from the eve of the American Revolution to the crises of the early 21st century, the core tension has always revolved around this same dynamic: what is the vocation of the lawyer, and, thus, what is the lawyer’s mission, and how does any of this define the lawyer’s profession?

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Professor Michael Ariens’s New Book as a Teaching Tool

This is the second in a series of three blog posts this week by Marquette law faculty on a new book.

The Lawyer's Conscience - A History of American Lawyer EthicsIn The Lawyer’s Conscience: A History of American Lawyer Ethics (University of Kansas Press 2022), Professor Michael Ariens provides a history of lawyer ethics and identifies problems that make it difficult for modern lawyers to live up to the ideals of an ethical lawyer. Conceptions of the ideal lawyer have changed from the late 1700s to the present day, and the book provides historical examples of lawyer ideals at different points in history. Broadly speaking, the historic honorable lawyer was motivated primarily by a sense of duty to conscience and regard for the public good. The honorable lawyer was committed to serve as a professional and did not attach undue importance to matters such as fees or client preference.

Through classroom discussions in courses such as The Law Governing Lawyers and Professional Identity Formation (and even Legal Writing and Research), I know that students yearn to practice in an age when the public perceived lawyers as esteemed community members safeguarding the public good. The Lawyer’s Conscience has inspired me to bring more historical perspective into these discussions. I want my students to know, for example, that the problem of lawyer misuse of power is not new and not reserved for the modern age, even if modern developments have introduced new and different problems. For a very long time, lawyers have had to embody conflicting roles, serving as advocate and counselor but also as an officer of the court and legal system reformer.

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