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The Justice Broker - Lawyers and Ordinary Litigation (Hardcover)
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The Justice Broker - Lawyers and Ordinary Litigation (Hardcover)
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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.
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