Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (2)
- Legal Ethics and Professional Responsibility (2)
- Civil Law (1)
- Comparative and Foreign Law (1)
- Courts (1)
-
- Criminal Law (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Environmental Law (1)
- Evidence (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Law and Philosophy (1)
- Law and Society (1)
- Legal Profession (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- State and Local Government Law (1)
- Institution
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Ethics Of The Adversary System, Greg S. Sergienko
The Ethics Of The Adversary System, Greg S. Sergienko
ExpressO
This article considers many commonly advanced criticisms of the adversary system. It provides an analytic framework that includes the likely results of changed ethical rules and that distinguishes and analyzes separately two different possible goals of the system, seeking the truth and promoting justice. The article is also unusual in the range of supporting materials that it synthesizes, which includes contributions from economic theory, psychological studies, philosophy, and traditional legal ethics.
The article concludes that changes in ethical codes meant to increase lawyers' duty to promote the truth will have a perverse result, decreasing the accuracy of litigation. This will …
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
Publications
No abstract provided.
Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth
Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth
St. Mary's Law Journal
What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Articles
No abstract provided.