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Full-Text Articles in Law
[Review Of] George Kaufman, The Lawyer’S Guide To Balancing Life And Work: Taking The Stress Out Of Success, Sherman L. Cohn
[Review Of] George Kaufman, The Lawyer’S Guide To Balancing Life And Work: Taking The Stress Out Of Success, Sherman L. Cohn
Georgetown Law Faculty Publications and Other Works
In recent years there has been much self-examination within the legal profession. On the macro scale, Sol Linowitz, The Betrayed Profession, compares, not favorably, the profession of today with that which he knew in the early decades of his practice. Dean Anthony Kronman, The Lost Lawyer, and Mary Ann Glendon, A Nation Under Lawyers, use their skills as scholars to examine the profession on a more objective level. On the micro level, Deborah Arron led the way with Running from the Law, which tells of talented overachievers who stood out in law school and judicial clerkships, and then found large-firm …
Asking The Right Questions, David Luban
Asking The Right Questions, David Luban
Georgetown Law Faculty Publications and Other Works
At this Symposium, we have heard about forms of law practice that raise large questions about the lawyer's role. My sole theme in the present essay is that we often ask the wrong large questions. Too often, the questions about multidisciplinary practice ("MDP"), mediation and arbitration, and in-house lawyering are whether they are good for lawyers and good for clients. These are questions, I will suggest, that the market itself will decide. The right question is not whether new roles with no rules are good for lawyers and clients, but rather whether they are good for the rest of us-"us" …
Taking Problem Solving Pedagogy Seriously: A Response To The Attorney General, Carrie Menkel-Meadow
Taking Problem Solving Pedagogy Seriously: A Response To The Attorney General, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Attorney General Janet Reno has taken seriously the notion that lawyers should make the world better than they find it, that problems should be prevented, where possible, before they occur, and that law should serve the needs of the people and deliver long-term justice. I want to suggest some concrete ways in which we can take her challenges seriously.
Do The Haves Come Out Ahead In Alternative Justice Systems? Repeat Players In Adr, Carrie Menkel-Meadow
Do The Haves Come Out Ahead In Alternative Justice Systems? Repeat Players In Adr, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Marc Galanter's essay, Why the "Haves" Come out Ahead: Speculations on the Limits of Legal Change (Why the "Haves" Come out Ahead), published twenty-five years ago, set an important agenda for those who care about the distributive effects of legal processes, including those of us who have been engaged in jurisprudential, intellectual, and empirical debates about the relative advantages and disadvantages of alternative and conventional legal procedures. As a document of legal intellectual history, this Article was formed in the crucible of the Legal Mobilization and Modernization program at Yale Law School that spawned so many "law and . …
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
Georgetown Law Faculty Publications and Other Works
In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …
Contrived Ignorance, David Luban
Contrived Ignorance, David Luban
Georgetown Law Faculty Publications and Other Works
Lawyers often complain that it's hard to get clients to tell them the unvarnished truth. But it can be an equal challenge to avoid facts that the lawyer really doesn't want to know. Criminal defense lawyers rarely ask their clients, "Did you do it?" Instead, they ask the client what evidence he thinks the police or prosecution have against him-whom he spoke with, who the witnesses are, what documents or physical evidence he knows about. If the client seems too eager to spill his guts, the lawyer will quickly cut him off, admonishing him that time is short and that …
Ethics And Professionalism In Non-Adversarial Lawyering, Carrie Menkel-Meadow
Ethics And Professionalism In Non-Adversarial Lawyering, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Traditional notions and rules of professionalism in the legal profession have been premised on particular conceptions of the lawyer's role, usually as an advocate, occasionally as a counselor, advisor, transaction planner, government official, decision maker and in the recent parlance of one of this symposium's participants-a "statesman [sic]. '" As we examine what professionalism means and what rules should be used to regulate its activity, it is important to ask some foundational questions: For what ends should our profession be used? What does law offer society? How should lawyers exercise their particular skills and competencies?