Which approach must a lawyer take when navigating their duty of fairness?

The correct answer highlights the importance of using common sense in analyzing potential harm, which underscores the lawyer's duty to ensure fairness in their representation and interactions. This approach allows the lawyer to evaluate the implications of their actions and decisions on all parties involved, which is essential to maintaining integrity in the legal profession.

Using common sense often requires a nuanced understanding of the context in which legal issues arise, allowing lawyers to balance legal obligations with ethical considerations. Lawyers should consider the potential consequences of their actions beyond strict legal metrics, striving for fairness that considers the broader impact on clients, opposing parties, and the legal system as a whole.

This choice also fosters a sense of practical judgment, guiding lawyers in situations where the law may be ambiguous or where strict interpretations could lead to unjust outcomes. By prioritizing fairness over rigid adherence to rules or procedural formalities, lawyers contribute to the equitable administration of justice.

In contrast, the other options either suggest an approach that could undermine fairness or misalign with the lawyer's ethical responsibilities. Prioritizing a client's interests above all, for instance, may lead to actions that are detrimental to justice or fairness. Consulting with the tribunal on all decisions can be impractical and may hinder the lawyer's ability to act swiftly on their client's behalf.