Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Donald Peters
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Donald Peters
Don Peters
This article examines whether the punch line that you can tell when lawyers are lying by confirming that their lips are moving applies to their conduct when negotiating in mediations. General surveys of lawyer honesty suggest that this perception probably does apply to the way lawyers negotiate in mediations. Only 20% of people surveyed in a 1993 American Bar Association poll described the legal profession as honest, and that number fell to 14% in a 1998 Gallup poll. However, research demonstrates a connection between honest negotiating and perceived effectiveness. A study of 5,000 Denver and Phoenix lawyers found that honest, …
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Thomas J. Stipanowich
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …
The Preclusion Of Nonlawyer Ownership Of Law Firms: Protecting The Interest Of Clients Or Protecting The Interest Of Lawyers?, Louise Hill
Louise L Hill
For the third time in as many decades, lawyers in the United States have sullied the notion of nonlawyer ownership of law firms. The most recent examination of alternative law practice structures was undertaken by Ethics 20/20, a Commission created by the American Bar Association [ABA] to conduct a plenary assessment of the ABA Rules of Professional Conduct and related ABA policies. A Working Group was formed which considered whether clients could be better served if law practice entities were restructured. To this end, issues were formulated and different law practice configurations were proposed, about which the public and members …
Law & Science: Toward A Unified Field, Deborah Hussey Freeland
Law & Science: Toward A Unified Field, Deborah Hussey Freeland
Deborah M. Hussey Freeland
To be relevant to the real world and to have a reasonable chance of producing fair outcomes, legal and political decisionmaking must take science into account. Scholars have been aware of this for over fifty years. The need for law to be informed by rigorous science is compelling, as we must make collective decisions that impact our sustainability and our humanity on a global scale. However, the field of Law & Science remains as fragmented now as it was a half-century ago. We have yet to find a reliable way to establish coherent interdisciplinary interaction that enables science to inform …