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The Justice Broker: Lawyers and Ordinary Litigation
 
 
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The Justice Broker: Lawyers and Ordinary Litigation [Hardcover]

Herbert M. Kritzer (Author)

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Book Description

019506142X 978-0195061420 November 15, 1990
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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Editorial Reviews

Review


"A model of competent social-scientific inquiry into a complex social phenomenon. It is dispassionate, thorough, analytically rigourous, and judicious in generalizing and drawing conclusions from the data. Although Kritzer is methodologically self-conscious, he lets the data call the tune and refrains from manipulating his findings to vindicate a preordained theoretical agenda. In reading The Justice Broker, one senses (and shares) the author's satisfaction in achieving a more complete understanding of the complicated lives of ordinary civil litigators."--American Political Science Review


"Excellent."--Annals of the American Academy of Political and Social Sciences


"An excellent study of the day-to-day work of lawyers in civil litigation....Highly recommended for public, college, university, and law libraries."--Choice


"A fascinating study....an intelligent, succinct, and thought-provoking analysis....Kritzer has admirably performed a major service for the public law field by his innovative and incisive presentation."--Focus on Law Studies


"An interesting and provocative examination of the practice of law....A particularly valuable research volume....The Justice Broker should be read by scholars studying the role of lawyers in the judicial system as well as by lawyers who are in the business of practicing law."--Perspectives on Political Science


About the Author

Herbert M. Kritzer is a Professor of Political Science at the University of Wisconsin, Madison.

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
formal legal skills, informal legal activities, current opposing party, hourly fee lawyers, ordinary litigators, personal services lawyer, organizational litigants, contingent fee lawyers, legal broker, median stakes, formal legal knowledge, nary litigation, broker image, formal legal activity, ordinary civil litigation, effective hourly rate, civil justice process, lawyer effort, web variables, real property cases, plaintiff success, hourly fee basis, stakes evaluation, domestic relations cases, ongoing understanding
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Litigating Ordinary Cases, United States, Lawyer's Work, The Impact of Relationships, The Work of the Litigator, New Mexico, American Bar Association, Lawyers Who Litigate, South Carolina, Standard Error, Central California, Activity Federal State Percent, Eastern Pennsylvania, Results Table, Type of Activity, Eastern Wisconsin, Level of Court Activity
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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