+612 9045 4394
 
CHECKOUT
The Justice Broker : Lawyers and Ordinary Litigation - Herbert M. Kritzer

The Justice Broker

Lawyers and Ordinary Litigation

Hardcover

Published: 15th November 1990
RRP $227.95
$138.25
39%
OFF
or 4 easy payments of $34.56 with Learn more
This title is not in stock at the Booktopia Warehouse and needs to be ordered from our supplier.
Click here to read more about delivery expectations.

In law, as elsewhere, the ordinary is overshadowed in the popular and academic literature by the dramatic and sensational. While the role and behavior of lawyers in the operation of our criminal justice system has been closely scrutinized, comparatively little research has been devoted to the manner in which lawyers litigate the day-to-day civil (non-criminal) cases that comprise the vast bulk of the workload in state and federal courts. Originally commissioned by the U.S. Department of Justice, this is the first comprehensive national study of the U.S. civil justice system. Kritzer analyzes 1600 cases involving 1400 attorneys in five federal judicial districts. Examining the background, experiences, day-to-day activities, and outlook of civil lawyers, Kritzer finds that the work of lawyers combines the roles of the professional and the broker in many aeas of ordinary litigation. Arguing that lawyers' behavior must be understood in part as a form of brokerage between the client and the legal system, he suggests that the roles of professionals and brokers be considered as complements rather than alternatives in the justice system, and concludes by recommending that lawyers' monopoly on advocacy in civil litigation be restricted. An engaging, lucidly written study, The Justice Broker will be of special interest to practicing lawyers and legal scholars.

"A model of competent social-scientific inquiry into a complex social phenomenon. It is dispassionate, thorough, analytically rigourous, and judicious in generalizing and drawing conclusions from the data. Although Kritzer is methodologically self-conscious, he lets the data call the tune and refrains from manipulating his findings to vindicate a preordained theoretical agenda. In reading The Justice Broker, one senses (and shares) the author's satisfaction in achieving a more complete understanding of the complicated lives of ordinary civil litigators."--American Political Science Review "Excellent."--Annals of the American Academy of Political and Social Sciences "An excellent study of the day-to-day work of lawyers in civil litigation....Highly recommended for public, college, university, and law libraries."--Choice "A fascinating study....an intelligent, succinct, and thought-provoking analysis....Kritzer has admirably performed a major service for the public law field by his innovative and incisive presentation."--Focus on Law Studies "An interesting and provocative examination of the practice of law....A particularly valuable research volume....The Justice Broker should be read by scholars studying the role of lawyers in the judicial system as well as by lawyers who are in the business of practicing law."--Perspectives on Political Science "A model of competent social-scientific inquiry into a complex social phenomenon. It is dispassionate, thorough, analytically rigourous, and judicious in generalizing and drawing conclusions from the data. Although Kritzer is methodologically self-conscious, he lets the data call the tune and refrains from manipulating his findings to vindicate a preordained theoretical agenda. In reading The Justice Broker, one senses (and shares) the author's satisfaction in achieving a more complete understanding of the complicated lives of ordinary civil litigators."--American Political Science Review "Excellent."--Annals of the American Academy of Political and Social Sciences "An excellent study of the day-to-day work of lawyers in civil litigation....Highly recommended for public, college, university, and law libraries."--Choice "A fascinating study....an intelligent, succinct, and thought-provoking analysis....Kritzer has admirably performed a major service for the public law field by his innovative and incisive presentation."--Focus on Law Studies "An interesting and provocative examination of the practice of law....A particularly valuable research volume....The Justice Broker should be read by scholars studying the role of lawyers in the judicial system as well as by lawyers who are in the business of practicing law."--Perspectives on Political Science

Introduction
Brokers and Professionals: The Roles of Lawyers in Ordinary Litigationp. 3
The Professionalism Perspectivep. 5
The Brokerage Perspectivep. 12
Summaryp. 19
The Datap. 20
The Civil Litigation Research Projectp. 20
Data Sourcesp. 20
Cases and Lawyers
The World of Ordinary Litigationp. 27
What Are the Cases About?p. 27
What's at Stake in the Ordinary Case?p. 28
Who Goes to Court?p. 34
Summary: The Ordinary Casep. 36
Area of Law Codes and Groupsp. 38
Lawyers Who Litigatep. 40
Backgroundp. 40
Nature and Style of Practicep. 43
Attitudes Toward Legal Practicep. 46
The Ordinary Litigator: A Sketchp. 49
Brokers and Professionalsp. 50
Lawyers and Their Relationships
Lawyers and Their Clientsp. 55
Finding Lawyers and Taking Casesp. 56
Establishing the Business Relationshipp. 57
Allocating Control and Responsibilityp. 60
Discussion: Lawyers and Clientsp. 66
Lawyers and Their "Workgroup"p. 68
The Opposing Counselp. 69
The Opposing Partyp. 71
The Judgep. 72
Discussion: The Lawyer's Working Relationshipsp. 76
Litigating Ordinary Cases
The Work of the Litigator in Ordinary Casesp. 79
The Activities in Court in Ordinary Litigationp. 80
How Much Time Do Lawyers Devote to Ordinary Cases?p. 85
What Do Lawyers Do in Civil Cases?p. 90
Discussionp. 104
Level of Court Activity by Stakes for Individual Event Typesp. 106
The Impact of Relationships on the Lawyer's Work in Ordinary Civil Litigationp. 108
The Amount of Lawyer Effortp. 108
Relationships and the Content of the Lawyer's Work in Ordinary Litigationp. 121
Discussionp. 126
Description of Variablesp. 127
Regression Results for Hourly and Contingent Fee Lawyersp. 133
Winning and Losing in Litigation: Does the Lawyer Deliver?p. 135
Outcomesp. 136
Success from the Lawyer's Point of Viewp. 137
Success from the Defendant's Perspectivep. 143
Success from the Plaintiff's Perspectivep. 146
Discussionp. 155
Multivariate Analysesp. 158
Conclusions
Lawyers and Litigation: Images and Implicationsp. 165
Professionals and Brokersp. 166
The Role of Lawyers in Litigation: The Implications for Changep. 168
Notesp. 177
Referencesp. 211
Indexp. 227
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195061420
ISBN-10: 019506142X
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 246
Published: 15th November 1990
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 24.3 x 16.2  x 2.2
Weight (kg): 0.52