ut not deference to, Darrow. While recognizing Darrow’s skill, it is important not to place the opposing attorney in a subservient position. The opposing attorney does not want to diminish his own prowess. Taking an aggressive stance against Darrow personally is not likely to yield results, as he is skilled enough to turn that aggression against the aggressor.Beyond a generally respect full attitude towards Darrow, the opposing advocate would have to acknowledge his skill in argumentation. That is the advocate should not just ignore Darrow’s arguments and proceed on the weight of his own. It is important for the advocate to expose Darrow’s arguments and respond to them. This should be done in a manner that points out the arguments being made and responds to them, but does not degrade Darrow himself. Undertaking such a task would not only be difficult, it would be tempting to use a bland list type format, taking on Darrow’s points one by one. This type of response must be avoided. In contrast with Darrow, this type of response would be ineffective. Any response lacking a compelling pathos will fail against Darrow.Responding to Darrow in the Leopold and Loeb Case:The first issue to be addressed in the Leopold and Loeb Case is who should represent the state. This case is being in an unusually manner; Not only is it being tried in front of a judge, but it is only the sentencing phase, with the defense already stipulating the guilt of the defendants. For these reasons, as well as the fact pattern and the possibility of the death sentence, this case is somewhat intellectual. It is a case that needs an advocate that presents himself as wise, not just smart. The state is attempting to put two young men to death and the judge will want to see more than a zealous prosecution and black letter law; wisdom or the appearance of would help the prosecution. For this reason I would not recommend that someone like m...
