Le virtù dell’avvocato e il ruolo della retorica digitale

The growing centrality of case law and the increasingly wide-spread use of digital technologies raise new questions about the role—and indeed the very identity—of the legal profession. While the recognition of precedent presupposes a cooperative activity grounded in the research-based capacity for argumenta-tion, digitalization appears to move in the opposite direction, aiming to depersonalize and bureaucratize the traditional func-tions of legal advice and assistance. Yet, despite the transfor-mation of the ecosystem in which it operates, the legal profes-sion remains fundamentally “incomputable,” as is the legal ex-perience itself, which is rooted in the singularity of the cases that lawyers inevitably encounter in their practice. This paper aims to reinterpret the role of forensic rhetoric through a postmodern lens, within a symbiotic digital context that not only relies on methods for processing information gen-erated by computational systems but also pivots on the ethical function of forensic discursive practices. In the face of techno-logical revolution, professional ethics—as a form of virtue eth-ics—can foster new discursive and communicative practices that are essential for articulating arguments and devising effective defence strategies, free from the constraints imposed by unsu-pervised artificial intelligence systems. Such systems often de-rive decision-making outcomes from the identification of pat-terns in cases through groupings and classifications based on cri-teria that are not always transparent or explainable. Rediscovering the essence and identity of the legal profes-sion allows for an embrace of innovation without fear. On the contrary, it reaffirms a human-centred vision of justice, where the competent, skilled, and well-prepared lawyer is one who genuinely upholds the ethical precepts embodied in the classic idea of advocati fides.