The New Lawyer: How Settlement is Transforming the Practice of Law

Overview

An adversarial "client warrior" image dominates historical notions of the lawyer, and a commitment to "zealous advocacy" remains one of the core norms of the legal model. Yet structural changes within both the justice system and the legal profession have rendered the "warrior" notion outdated and inadequate, with a shift toward conflict resolution rather than protracted litigation.

The new lawyer's skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts drawn from Canadian and ...

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Overview

An adversarial "client warrior" image dominates historical notions of the lawyer, and a commitment to "zealous advocacy" remains one of the core norms of the legal model. Yet structural changes within both the justice system and the legal profession have rendered the "warrior" notion outdated and inadequate, with a shift toward conflict resolution rather than protracted litigation.

The new lawyer's skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts drawn from Canadian and American legal literature as well as from her own empirical research. The result is a thought-provoking exploration of the increasing impact of alternative, consensus-seeking strategies on the lawyer-client relationship, as well as on the legal system itself.

About the Author:
Julie Macfarlane is a professor in the Faculty of Law at the University of Windsor

Product Details

  • ISBN-13: 9780774814355
  • Publisher: University of Washington Press
  • Publication date: 12/30/2007
  • Pages: 280
  • Product dimensions: 6.36 (w) x 8.98 (h) x 0.93 (d)

Table of Contents


Preface     ix
Acknowledgments     xv
Changes in the Legal Profession and the Emergence of the New Lawyer     1
Constructing Professional Identity     25
Three Key Professional Beliefs     47
Translating the Beliefs into Practice: The Norms of Legal Negotiations     66
The New Advocacy     96
The Lawyer-Client Relationship     125
The Role of the Law and Legal Advice     165
Ethical Challenges Facing the New Lawyer     191
Where the Action Is: Sites of Change     223
Epilogue     243
Notes     246
Index     277
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