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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
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Lawyers, Courts, and Professionalism - The Agenda for Reform (Hardcover)
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Lawyers, Courts, and Professionalism - The Agenda for Reform (Hardcover)
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Lack of access of the poor and middle class to civil courts, suits
that benefit only lawyers, litigation tactics devoted to victory
rather than truth or justice, and inefficient courts are some of
the issues addressed by Judge Gerber in his outspoken critical
appraisal of America's legal profession and judiciary. The author
suggests practical--and in some cases radical--remedies needed to
make the system responsive to the public and to give substance to
the ideal of equal justice for all. Gerber's criticisms of the
legal profession today are far-reaching, and the self-reflection in
which he asks us to engage is difficult, even uncomfortable. But it
is a necessary step in the continuing efforts we all must make to
ensure that our profession upholds the highest ideals of
professional responsibility. Sandra Day O'Connor, Supreme Court of
the United States Lack of access of the poor and middle class to
civil courts, suits that benefit only lawyers, litigation tactics
devoted to victory rather than truth or justice, and inefficient
courts are some of the issues addressed by Judge Gerber in his
outspoken critical appraisal of America's legal profession and
judiciary. The author suggests practical--and in some cases
radical--remedies needed to make the system responsive to the
public and to give substance to the ideal of equal justice for all.
Following an introductory overview of the troubled condition of our
legal system, Judge Gerber considers the narrow process by which
future lawyers are selected and the financial motivations that
commonly inspire them to study law. He next takes a hard look at
legal education, noting that the litigation model now in vogue
inculcates a mentality of combat and downgrades peacemaking and
negotiating skills. In a discussion of bar exams, Judge Gerber
points out that these tests measure neither ethics nor competency
and fail to provide for specialty licensing, for which he
recommends periodic reexamination and peer review. Commenting on
the complexity, confusion, delays, and extortionate costs that
prevent equal access to justice, the author offers specific
suggestions for streamlining court procedures and revamping the
court system by managerial and procedural changes. He examines
ethical abuse by courtroom litigators, contending that periodic
ethical review and specialized training are needed to insure that
justice is served. Concluding with a critical analysis of major
competing jurisprudential theories, Judge Gerber argues that a
return to natural law ideals is needed to reinspire lawyers and
judges with a philosophical sense of the foundations of justice.
This important new work is particularly relevant for legal
educators and professionals and for courses dealing with the legal
profession, legal ethics, the judiciary, and the court system.
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