LIT - Right to Die

In this discussion, we need to assess the competing arguments that arise in an area of law that often brings emotional responses.

As professionals, our role is to act rationally and logically, with analysis. There's not much room for emotion or personal bias. All of us have the tendency to think as individuals, and as individuals we have that right. But when we act as advocates, we act on behalf of someone else - not ourselves.

In doing our duty for the client, we can't be swayed by being too emotionally connected to a position or case or even our client.

You quite likely will encounter cases in which you find yourself, on a personal level, with feelings ranging from ambivalence to anger to condescension. You're entitled to that opinion. But it doesn't have any place in your work.

You have to separate personal beliefs and opinions from your work for many reasons, including the code of ethics to professional ideals and rules. Most importantly though, if you are thinking emotionally, you usually aren't thinking logically and objectively as you analyze the strengths and weaknesses of your clients' interests.

Similarly, we don't judge our clients. We advocate for them - fairly, zealously, and effectively - regardless of whether we share their ultimate goal in the litigation. And regardless of whether we like them. Or people like us for doing our jobs for them.

So let's practice. With a "right to die" case.

Let's start with some basics.

What is the right to die?

Read these to start:

New York Times: KAREN ANN QUINLAN, 31, DIES; FOCUS OF '76 RIGHT TO DIE CASE by Robert D. McFADDEN

Oyez: Vacco v. Quill

Oyez: Washington v. Glucksberg

Oyez: Gonzales v. Oregon

New York Times: Montana Ruling Bolsters Doctor-Assisted Suicide by Kirk Johnson

NBC News: Canada's Right-to-Die Ruling May Fuel U.S. Movement: Experts

Why talk about it?

We all will die, as will every loved one we have.

That's hard to recognize, but it is factually true.

We usually try to avoid that fact. And we don't want to talk about it.

So we don't.

Sometimes though, we are forced to do so.

NBC News: Death With Dignity Advocate Brittany Maynard Dies in Oregon

Some estimates show no more than one in three people creates a health care proxy or other related documents that govern who makes decisions for you if you are medically incapacitated. Those decisions often include whether to continue life-sustaining treatments, from feeding tubes to medication to ventilators and dialysis equipment.

So what would you do if it were you?

Think about it before answering.

And now think about the readings on cases, from early US Supreme Court cases to the more recent rulings in Montana and Canada.

Professionally state the best argument for and against the right to die, and be respectful of one another's opinions as well as the counterarguments to your position