The Justice Broker Lawyers and Ordinary Litigation

by Kritzer, Herbert M.

• ISBN13: 9780195061420
• ISBN10: 019506142X
• Format: Hardcover
• Copyright: 1990-11-15
• Publisher: Oxford University Press

Summary

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.

Table of Contents

Introduction
Brokers and Professionals: The Roles of Lawyers in Ordinary Litigation	p. 3
The Professionalism Perspective	p. 5
The Brokerage Perspective	p. 12
Summary	p. 19
The Data	p. 20
The Civil Litigation Research Project	p. 20
Data Sources	p. 20
Cases and Lawyers
The World of Ordinary Litigation	p. 27
What Are the Cases About?	p. 27
What's at Stake in the Ordinary Case?	p. 28
Who Goes to Court?	p. 34
Summary: The Ordinary Case	p. 36
Area of Law Codes and Groups	p. 38
Lawyers Who Litigate	p. 40
Background	p. 40
Nature and Style of Practice	p. 43
Attitudes Toward Legal Practice	p. 46
The Ordinary Litigator: A Sketch	p. 49
Brokers and Professionals	p. 50
Lawyers and Their Relationships
Lawyers and Their Clients	p. 55
Finding Lawyers and Taking Cases	p. 56
Establishing the Business Relationship	p. 57
Allocating Control and Responsibility	p. 60
Discussion: Lawyers and Clients	p. 66
Lawyers and Their "Workgroup"	p. 68
The Opposing Counsel	p. 69
The Opposing Party	p. 71
The Judge	p. 72
Discussion: The Lawyer's Working Relationships	p. 76
Litigating Ordinary Cases
The Work of the Litigator in Ordinary Cases	p. 79
The Activities in Court in Ordinary Litigation	p. 80
How Much Time Do Lawyers Devote to Ordinary Cases?	p. 85
What Do Lawyers Do in Civil Cases?	p. 90
Discussion	p. 104
Level of Court Activity by Stakes for Individual Event Types	p. 106
The Impact of Relationships on the Lawyer's Work in Ordinary Civil Litigation	p. 108
The Amount of Lawyer Effort	p. 108
Relationships and the Content of the Lawyer's Work in Ordinary Litigation	p. 121
Discussion	p. 126
Description of Variables	p. 127
Regression Results for Hourly and Contingent Fee Lawyers	p. 133
Winning and Losing in Litigation: Does the Lawyer Deliver?	p. 135
Outcomes	p. 136
Success from the Lawyer's Point of View	p. 137
Success from the Defendant's Perspective	p. 143
Success from the Plaintiff's Perspective	p. 146
Discussion	p. 155
Multivariate Analyses	p. 158
Conclusions
Lawyers and Litigation: Images and Implications	p. 165
Professionals and Brokers	p. 166
The Role of Lawyers in Litigation: The Implications for Change	p. 168
Notes	p. 177
References	p. 211
Index	p. 227
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