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University of Nevada, Las Vegas -- William S. Boyd School of Law
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Fortress In The Sand: The Plural Values Of Client-Centered Representation, Katherine R. Kruse
Fortress In The Sand: The Plural Values Of Client-Centered Representation, Katherine R. Kruse
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This article examines the history, development and theory of the client-centered approach to lawyering, which has become the most prevalent theory of lawyering taught in law school clinics. It examines the basic tenets of client-centered representation as a problem-solving approach and shows how critique and modification of the approach has spawned a diversity of lawyering models that share the basic tenets of client-centered representation but are in tension with its preferred methodology of lawyer neutrality. The article draws on theories of autonomy to help explain this tension, showing that notions of positive freedom support a range of autonomy-enhancing intervention into …