Description : 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.
Description : A collection of practical tips from prominent family lawyers offering a wealth of advice and proven techniques to enhance the family law practice.
Description : Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.
Description : This book provides students and scholars with a candid look at how empirical research projects actually happen. Focusing on the interdisciplinary Law and Society field, more than twenty interviews with authors of classic projects - from sociology, anthropology, psychology, political science, law, and history - the chapters are unique in their honesty. They help readers to understand the choices, challenges, and uncertainty that go into even some of the best research projects.
Description : Practical, savvy, and wide-ranging, this resource shows men and women how to avoid the pitfalls that turn a straightforward divorce into a nightmare. Drawing on her own personal experience, the author also brings together the best advice from a wide range of experts that include divorce attorneys, mental-health professionals, and financial gurus. This guide coaches separating couples how to build a shortlist of the best divorce attorneys in their area, how to conduct an interview to find the right one, and what the full range of legal options are for each case. Further tips explain how to manage the paperwork, ways to lower legal costs, and practical advice for getting back to "normal" once the divorce is finalized. This reassuring manual also explains the stages of divorce grief and how to separate the emotional divorce from the legal divorce.
Description : This unique new handbook explains this emerging dispute resolution model of collaborative law that is helping family lawyers bring their clients through the divorce passage with integrity and satisfaction. Collaborative Law describes how this approach engages the unique problem-solving skills of lawyers to achieve settlements that creatively and appropriately customize outcomes in the way that few courts are able to achieve. In the collaborative process, fees and costs are minimized, high-quality legal counsel and negotiating assistance are built in, and the ability of divorcing spouses to cooperate and coparent is maximized to a dramatic extent.
Description : This compendium of practical advice is gathered from family law professionals, including lawyers, judges, CPAs, and psychologists, who share their real-world experience in a concise chapter. Even better, a bonus CD-ROM contains forms, agreements, charts, and checklists. Other time-saving tools include financial charts and hypotheses, questions to ask, and interview forms and checklists. Topics include fees, custody, discovery, trial techniques, support, avoiding malpractice, discovery, premarital agreements, valuation, settlement, and evidence.
Description : Law and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. Decades of research shows how much the nature of communities, organizations, and the people inhabiting them affect how law works. Just as much, law shapes beliefs, behaviors, and wider social structures, but the connections are much more nuanced—and surprising—than many expect. Law and Society Reader II provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field. Following up a first Law and Society Reader published in 1995, editors Erik W. Larson and Patrick D. Schmidt have compiled excerpts of 43 illuminating articles published since 1993 in The Law & Society Review, the flagship journal of the Law and Society Association. By its organization and approach, this volume enables readers to join in discussing the key ideas of law and society research. The selections highlight the core insights and developments in this research tradition, making these works indispensable for those exploring the field and ideal for classroom use. Across six concisely-introduced sections, this volume analyzes inequality, lawyering, the relation between law and organizations, and the place of law in relation to other social institutions.
Description : 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.