In the Interests of Justice: Reforming the Legal Profession / Edition 1

In the Interests of Justice: Reforming the Legal Profession / Edition 1

by Deborah L. Rhode
     
 

ISBN-10: 0195165543

ISBN-13: 9780195165548

Pub. Date: 04/28/2003

Publisher: Oxford University Press, USA

Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car

Overview

Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen.
In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education. She argues convincingly that the bar's current self-regulation must be replaced by oversight structures that would put the public's interests above those of the profession. She insists that legal education become more flexible, by offering less expensive degree programs that would prepare paralegals to provide much needed low cost assistance. Most important, she calls for a return to ethical standards that put public service above economic self-interest.
Elegantly written and touching on such high profile cases as the O.J. Simpson trial and the Starr investigation, In the Interests of Justice uncovers fundamental flaws in our legal system and proposes sweeping reforms.

Product Details

ISBN-13:
9780195165548
Publisher:
Oxford University Press, USA
Publication date:
04/28/2003
Edition description:
New Edition
Pages:
288
Sales rank:
850,824
Product dimensions:
8.80(w) x 5.60(h) x 0.90(d)

Table of Contents

Acknowledgments xi
The Profession and the Public Interest
1(22)
The Problem from the Public's Perspective
3(5)
The Problem from the Profession's Perspective
8(9)
Recasting the Problem, Rethinking the Responses
17(6)
Lawyers and Their Discontent
23(26)
The Dynamics of Discontent
24(4)
The Structure of Practice
28(3)
The Priority of Profit
31(7)
Myths of Meritocracy
38(7)
Alternative Structures
45(4)
The Advocate's Role in the Adversary System
49(32)
The Evolution of the Advocate's Role
51(2)
The Premises of Partisanship
53(5)
Professional Interests and Partisan Practices
58(6)
The Price of Partisanship
64(2)
An Alternative Framework
66(5)
Hard Cases
71(10)
America's Sporting Theory of Justice
81(36)
Procedural Pathologies and Prescriptions
82(14)
Relations With Witnesses
96(10)
Confidentiality
106(11)
Too Much Law/Too Little Justice: Too Much Rhetoric/Tho Little Reform
117(26)
Too Many Lawyers
118(2)
Too Much Litigation
120(4)
Too Much Law
124(1)
Too Much Expense
125(4)
Too Much Rhetoric
129(2)
Too Few Choices: Alternative Dispute Resolution Procedures
131(4)
Too Few Alternatives to Lawyers
135(8)
Regulation of the Profession
143(42)
The Rationale for Regulation
144(3)
Advertising and Solicitation
147(3)
Admission
150(6)
Continuing Legal Education
156(2)
Competence and Discipline
158(7)
Malpractice
165(3)
Fees
168(17)
Legal Education
185(22)
The Structure of Legal Education
187(5)
Diversity
192(4)
Educational Methods and Priorities
196(4)
Professional Responsibility
200(3)
Professional Values and Pro Bono Opportunities
203(4)
Professional Reform
207(8)
Notes 215(40)
Index 255

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