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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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Divorce Lawyers and Their Clients - Power and Meaning in the Legal Process (Hardcover, New)
Loot Price: R3,028
Discovery Miles 30 280
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Divorce Lawyers and Their Clients - Power and Meaning in the Legal Process (Hardcover, New)
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Each year more than 2 million Americans 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, or has gone through a
divorce, as well as for lawyers, judges, and scholars of law and
society.
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