Central to the identity of the American legal profession are its
systems of self-regulation. Throughout history, the legal
profession has tried to hold tight to its traditional values and
structure during times of self-identified crisis. The American
Legal Profession in Crisis: Resistance and Responses to Change
analyzes the efforts of the legal profession to protect and
maintain the status quo even as the world around it changed. James
E. Moliterno argues that with striking consistency, the profession
has resisted the societal change happening around it, and sought to
ban or discourage new models of legal representation created by
such change. In response to every crisis, lawyers asked: "How can
we stay even more 'the same' than we already are?" The legal
profession has been an unwilling, capitulating entity to any
transformation wrought by the overwhelming tide of change. Any
proactive changes were mostly levied against the newest members of
the legal community in order to preserve the status quo, so that
when the legal profession did have to change, it did so only
because the changes in society, culture, technology, economics, and
globalization could not be denied. This book will demonstrate how
the profession has held to its anachronistic ways at key crisis
points in US history: Watergate, communist infiltration, arrival of
waves of immigrants, the litigation explosion, the civility crisis,
and the current economic crisis that blends with dramatic changes
in technology and communications and globalization. Ultimately, the
author urges the profession to look outward and forward to find in
society and culture the causes and connections with these periodic
crises. Doing so would allow the profession to grow with the
society, solve problems with, rather than against, the flow of
society, and be more attuned to the very society the profession
claims to serve.
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