The New Lawyer: How Settlement Is Transforming The Practice Of Law (law And Society)

Today's justice system and the legal profession have rendered the "lawyer-warrior" notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer's skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself. Changes In The Legal Profession And The Emergence Of The New Lawyer -- Constructing Professional Identity -- Three Key Professional Beliefs -- Translating The Beliefs Into Practice: The Norms Of Legal Negotiations -- The New Advocacy -- The Lawyer-client Relationship -- The Role Of The Law And Legal Advice --ethical Challenges Facing The New Lawyer -- Where The Action Is: Sites Of Change. Julie Macfarlane. Includes Bibliographical References (p. [246]-276) And Index. "An adversarial “client warrior” image dominates historical notions of the lawyer, and a commitment to “zealous advocacy” remains one of the core norms of the legal model. Yet structural changes within both the justice system and the legal profession have rendered the “warrior” notion outdated and inadequate, with a shift toward conflict resolution rather than protracted litigation The image of the adversarial "client warrior" dominates historical notions of the lawyer. Indeed, a zealous commitment to client advocacy remains one of the core norms of the legal model. The author presents the parameters of practitioners' evolving roles, articulating legal and ethical complexities. This provocative, intelligent work looks at the evolving role of lawyers, articulating legal and ethical complexities, the growth of conflict resolution, and the increasing impact of alternative strategies on the lawyer-client relationship and the legal system. This book explores the evolving role of legal practitioners in a variety of contexts, looking at new skills including negotiation, mediation, collaborative practice, and restorative justice