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Articles 1 - 4 of 4
Full-Text Articles in Law
Get Real: Why And How Clinicians Should Record, Transcribe And Study Actual Client Consultations, Linda F. Smith
Get Real: Why And How Clinicians Should Record, Transcribe And Study Actual Client Consultations, Linda F. Smith
Utah Law Faculty Scholarship
This article will argue that the legal academy has much to learn by recording, transcribing and systematically studying student-client and attorney-client consultations. Clinical faculty can utilize conversation analysis and other social science techniques to do this. Social scientists and medical providers have studied doctor-patient conversations in this way over many years. Through this systematic study researchers have reached conclusions about effective doctor-patient consultations that form the basis for teaching these skills in medical school. This article will highlight some of these studies and their findings. Some have contended that attorney-client conversations simply cannot be recorded and studied in the same …
Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.
Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.
Pepperdine Dispute Resolution Law Journal
This article will consider the two dramatic changes that collaborative practice [CP] brings to law practice: a change in the mental attitude of lawyers and clients toward the conflict and a change in lawyers' counseling techniques. Part II defines CP and compares it to traditional negotiation-pending-litigation. Part III considers the change in attorney and client mental attitudes wrought by CP, where both lawyers and clients take responsibility for identifying a resolution that will meet the needs of all of the parties. Part IV considers the type of client-counseling that is often generated by CP-lawyers in CP may strongly encourage clients …
Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly
Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly
Journal Articles
This article explores some of the ethical situations that environmental and natural resource lawyers can encounter when counseling clients. It begins by exploring the Model Rule of Professional Conduct (MRPC) 2.1, regarding counsel’s role as “advisor,” which provides that appropriate client counseling refers not only to law, but also to moral, economic, social, and political factors, when making decisions. It also explores the environmental lawyer’s ability to withdraw from representation pursuant to MRPC 1.16. It places the obligations and options under these rules and other mandates in the environmental and natural resource context, and encourages attorneys practicing in the area …
Constructions Of Client Competence And Theories Of Practice, Robert Rubinson
Constructions Of Client Competence And Theories Of Practice, Robert Rubinson
All Faculty Scholarship
An entrenched stereotype about the elderly is that they inevitably experience a progressive decline in cognitive function - what the Article calls the "idea of decrement." The vast majority of elderly, however, do not experience declining competence for most or all of their lives. Nevertheless, attorneys interpret much of what elderly clients say and do as the product of cognitive impairment, and sometimes even the elderly themselves construct stories about the world and their circumstances in line with the idea of decrement. These attitudes and social constructions, interacting in complex ways, can distort the ability of attorneys to represent elderly …