Lawyer as Wise Counselor, 49 Loyola Law Rev. 215 (2003)
When I was a neophyte lawyer many years ago, I was asked
to analyze a commercial lease between our corporate client, the
lessee and occupant of the property, and a local landowner who
was the landlord. Occupancy of the space had ceased to be useful
and the client wanted out. The issue I addressed was whether a
particular clause could be read as permitting the lessee to escape.
In today's vocabulary, the analysis would be described as
"aggressive." The memorandum was then reviewed by a senior
partner, who was in charge of the relationship with the client. He
rejected the conclusion, saying: "I don't think that's the right way
to read the lease. The client made the deal, and it ought to stick
with its bargain." The client was advised accordingly.
Date of Authorship for this Version
Hazard, Geoffrey C. Jr., "Lawyer as Wise Counselor" (2003). Faculty Scholarship Series. Paper 2338.