NCJ Number
47620
Editor(s)
R NADER,
M GREEN
Date Published
1976
Length
362 pages
Annotation
A CRITICAL OVERVIEW OF THE LAW, THE ORGANIZED BAR, LAWYERS AND JUDGES, AND THE LEGAL SERVICES DELIVERY SYSTEM AND ITS COSTS IS PRESENTED BY 26 CITIZEN-ACTIVIST/LAWYERS.
Abstract
THE DUAL FUNCTIONS OF THE ORGANIZED BAR ASSOCIATION, PARTICULARLY THE AMERICAN BAR ASSOCIATION, ARE CRITICALLY EXAMINED. EMPHASIS IS ON THE CONFLICT BETWEEN THE ROLES OF A SELF-DISCIPLINARY AND REGULATORY AGENCY AND A SELF-INTERESTED AND ECONOMICALLY MOTIVATED TRADE ASSOCIATION. THE EFFECTS OF THIS DUAL ROLE ON ETHICS, SELECTION OF JUDGES, AND THE DELIVERY OF LEGAL SERVICES TO THE INDIGENT IS CONSIDERED. THE HIGH COSTS OF JUSTICE AND PROFIT MOTIVATION WITHIN THE LEGAL PROFESSION ARE EXAMINED WITHIN THE CONTEXT OF THE PRACTICE OF LAW AS A PROFESSION AND AS A MEANS OF LIVELIHOOD. ACCESS TO THE LEGAL SYSTEM FOR THE POOR AND THE MIDDLE CLASSES IS CONSIDERED, TOGETHER WITH THE PRACTICE OF PUBLIC INTEREST LAW AND THE OBSTACLES TO CLASS ACTIONS IN THE COURTS. THE SUBSEQUENT SECTION CONCERNS BUSINESS LAWYERS AND THEIR LEGAL AND MORAL RESPONSIBILITIES AS GOVERNMENT INSTRUMENTS, AS LOBBYISTS, AND AS IN-HOUSE CORPORATE COUNSEL. ETHICAL RESPONSIBILITIES OF THE GOVERNMENT LAWYER AND PROSECUTOR, (BOTH AS ADVOCATE OF THE GOVERNMENT AND AS PUBLIC SERVANT,) ARE DISCUSSED. LEGAL VICTORY IS DEFINED NOT MERELY AS WINNING A CASE BUT AS ENSURING THAT JUSTICE IS DONE. TACTICS USED BY GOVERNMENT LAWYERS AND THE COURTS SEEKING TO AVOID TROUBLESOME PROCEEDINGS ARE ALSO EXAMINED. IN THE FINAL SECTION, PERSUASIONS AND CHARACTERISTICS OF JUDGES FROM DETROIT (MICH.), CHICAGO (ILL.), AND NEW YORK CITY ARE EXAMINED. GUIDELINES FOR JUDGES CONCERNED WITH ENSURING JUSTICE WHICH IS COGNIZANT OF THE RIGHTS AND NEEDS OF THE PEOPLE ARE PRESENTED. THE QUALITIES OF JUDGES ARE DISCUSSED WITH PARTICULAR EMPHASIS ON POLITICAL AND OTHER FACTORS WHICH CONTRIBUTE TO THE FREQUENCY OF INCOMPETENCE AND CORRUPTION. ALTERNATIVE SELECTION AND SCREENING PROCESSES WHICH WOULD ENHANCE HIGHER QUALITY JUDICIAL APPOINTMENTS AND CONSEQUENTLY HIGHER QUALITY JUSTICE ARE ALSO RECOMMENDED. IN AN EPILOGUE, THE NEED FOR REFORM IN THE LEGAL PROFESSION AND POSSIBLE FEDERAL REGULATORY AND REFORM MECHANISMS ARE CONSIDERED. NOTES AND AN INDEX ARE PROVIDED. (JAP)