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 : 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 : 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 : 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 : 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.
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 : How to Find the Right Divorce Lawyer steers the reader through the inner workings of today's divorce courts and explains how to work within the complex family-law judicial system to get results. Retaining the wrong lawyer is extremely costly and is more likely to result in an adverse legal ruling. From the right questions to ask when interviewing prospective lawyers and the best way to monitor the progress of a case to the essential steps to hiring (and firing) a lawyer, this comprehensive guide provides the building blocks for winning a divorce suit.
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.