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Divorce Lawyers At Work

Author: Lynn Mather
Publisher: Oxford University Press
ISBN: 9780195349269
Size: 61.59 MB
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How do lawyers think about and make the important decisions that constitute the day-to-day practice of law? This book explores that question through an extensive empirical study of lawyers practicing divorce law in New England. The authors emphasize the importance of "collegial control" in shaping lawyers' decisions and identify a variety of "communities of practice" that serve as key agents of that control. Offering a new understanding of the nature of lawyers' work in divorce law as well as a new perspective on legal professionalism, this book is required reading for scholars, students, and practitioners.

Profession Habitus Und Wandel

Author: Michaela Pfadenhauer
Publisher: Peter Lang
ISBN: 9783631572764
Size: 45.64 MB
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Professionen werden bevorzugt als homogene Einheiten betrachtet. Wenn uberhaupt, dann wird Heterogenitat innerhalb einer Profession im Zusammenhang mit der Durchsetzung von standes- und berufspolitischen Interessen thematisiert. Die in diesem Band versammelten Beitrage unterlaufen die Homogenitatsunterstellung, in dem sie zwei Motive der Soziologie Bourdieus mobilisieren: Habitus und Wandel. Fur eine Vielzahl an Berufen - von Anwalten, Arzten und Lehrern bis hin zu Journalisten, Ubersetzern oder Sozialarbeitern - ergibt sich so ein Bild innerer Differenzierung und Dynamik."

The Paradox Of Professionalism

Author: Scott L. Cummings
Publisher: Cambridge University Press
ISBN: 1139498053
Size: 14.21 MB
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This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.

Lawyers In Practice

Author: Leslie C. Levin
Publisher: University of Chicago Press
ISBN: 0226475174
Size: 34.23 MB
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How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

The Oxford Handbook Of State And Local Government

Author: Donald P. Haider-Markel
Publisher: OUP Oxford
ISBN: 0191611964
Size: 33.13 MB
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The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.

Lawyers And The Legal Profession

Author: Tanina Rostain
Publisher: Ashgate Publishing Company
ISBN:
Size: 21.56 MB
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During the last forty years, socio-legal scholarship on the legal profession has focused on the varied sites of organized and daily professional activity to investigate how power is produced, legitimated and deployed by lawyers, and contested by competitors, clients, state actors and third parties. The articles and essays collected in these volumes illuminate the varied dimensions of lawyers' power.

Divorce Lawyers And Their Clients

Author: Austin Sarat
Publisher: Oxford University Press on Demand
ISBN: 0195117999
Size: 47.95 MB
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Each year more than 2 million Americans get divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests? Austin Sarat and William L. F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the-scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce. Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one's understandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through a divorce, or has gone through one, as well as for lawyers, judges, and scholars of law and society.

Gender Choice And Commitment

Author: Hilary Sommerlad
Publisher: Dartmouth Publishing Company
ISBN:
Size: 58.13 MB
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This book examines the origins and character of women's subordination in the solicitors' profession in the UK, through a theoretical treatment of historical material and original research.

Legal Interviewing And Counseling

Author: David A. Binder
Publisher: West Academic
ISBN: 9780314335579
Size: 80.45 MB
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Concerned with how lawyers can interact with clients to help them solve their legal problems. Deals specifically within the context of dispute resolution cases. Within the context of that litigation, the book examines the task which lawyers must perform and the skills they must have in order to be effective counselors. The authors provide a description of the objectives of the legal interviewing and counseling processes; the forces which motivate clients to participate in these processes; and the basic techniques which are needed to successfully achieve the goals of legal interviewing and counseling.