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Unhappy clients bring thousands of legal malpractice claims every
year, against mega law firms and solo practitioners, for simple
errors or egregious misconduct, and for losses than can reach $100
million or more. This in an industry, legal services, generating
nearly $300 billion a year in revenue and touching every facet of
American society. Yet, scant if any scholarly attention has been
paid to the questions and consequences of lawyers' professional
liability. This book is the first to fully explore the mistakes
lawyers sometimes make, the nature of these mistakes, the harm they
do, and the significant disparities in outcomes for corporate and
individual victims of lawyers' errors. A systematic, empirical
study of legal malpractice, When Lawyers Screw Up employs both
quantitative and qualitative methods to examine the frequency and
nature of claims, the area of practice producing them, the amounts
at stake, and the resolutions. The authors also use a range of data
sources to study the frequency and outcomes of legal malpractice
trials, whether bench or jury. Their comparison of legal
malpractice cases involving the corporate and personal service
sectors reveal the difficulties confronting claims coming from the
personal sector-difficulties that often deny victims redress, even
when they have suffered significant harm. When Lawyers Screw Up
draws on a series of interviews to describe the practices of
lawyers with expertise in handling legal malpractice claims, even
as it notes how few such experts are available to prosecute these
claims. In light of their findings, the authors suggest a range of
reforms that would help victims of legal malpractice, particularly
individuals and small businesses, in pursuing their claims.
The empirical study of law, legal systems and legal institutions is
widely viewed as one of the most exciting and important
intellectual developments in the modern history of legal research.
Motivated by a conviction that legal phenomena can and should be
understood not only in normative terms but also as social practices
of political, economic and ethical significance, empirical legal
researchers have used quantitative and qualitative methods to
illuminate many aspects of law's meaning, operation and impact.
In the 43 chapters of The Oxford Handbook of Empirical Legal
Research leading scholars provide accessible and original
discussions of the history, aims and methods of empirical research
about law, as well as its achievements and potential. The Handbook
has three parts. The first deals with the development and
institutional context of empirical legal research. The second - and
largest - part consists of critical accounts of empirical research
on many aspects of the legal world - on criminal law, civil law,
public law, regulatory law and international law; on lawyers,
judicial institutions, legal procedures and evidence; and on legal
pluralism and the public understanding of law. The third part
introduces readers to the methods of empirical research, and its
place in the law school curriculum.
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