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Is a good dr in rural appalchia

A good dr never accepts friends as patients or patients as friends. This is impossible in her situation since she is in an extremely rural setting.

Dr saw patients with health problems that were due to a lifestyle unavoidable

Flannery believes personal values should overrule professional value sometime

2 traditions in western law

Inquisitorial (france, germany, spain)

Court searches for the truth

Judge is the primary fact finder

Adversarial (us)

The advocates for each side are central to the case

Evidence is introduced by the sides

The judge is more a referee

The truth will come after both sides present their best case

The lawyer has the interest of their client only. The lawyer does not work for the court, truth, or justice

Doing the very best for a client may present a value dilemma

Reading 13.1 ETHICS OF ADVOCACY

Loyalty of lawyer runs to client, he has no other master

Advocacy may include concealing the truth.

Not even truth is a lawyer s master

Advocacy requires a lawyer to start with something to be proven and this is as true of facts as it with propostitions of law he will waste a lot of time if he goes in with an open mind

DETACHMENT this is necessary to survive as a lawyer

Treat the whole thing as a game, a contest

Look at it as a craft and work on ur craftsmanship

P342 ???3

Lake pleasant, new your murder case

Confidentiality is critical to the adversarial system

13.4

things that lawyer can control during litigation are personal presentation and the presentation of evidence

13.2

when a case is decided, it then has the backing of the state on its side.

The justice system is far less adversarial today, then when the article was written

LEGAL work in the US

Lawyers enjoy a monopoly in legal services

US has more lawyers per capita than anywhere else in the world

Dimensions of the law profession:

Regulation of access into the profession

Control behavior of people in the profession

Ability to remove people from profession

Can t practice w/out license

Have a higher profile

Practice of law is stratified of legal work

Why stratified?

Best rise to the top

Certain kinds of legal work is more challenging

The elite try to keep themselves at the top (elite self preservation)

Legal status equals client status

11.1 Tocqueville 301

tocqueville arrives in the US in 1831 to explain the US to European readers. His book was Democracy in

America and one of the first things he analyzed was lawyers in the US. Few pts about lawyers

Inherently conservative people

Less afraid of tyranny than of arbitrary power

Like order, predictability, and legality more than freedom

Probably necessary to maintain democracy

Act as the break on unchecked democracy

Very important since the us has a common law system with precedent

European countries use a civil code with civil law

US citizens did not know the law and needed a lawyer.

Scarcely any political question arises in the US that is not resolved, sooner or later, into a judicial?

He presented an overall positive, uplifting portrait of the aristocratic, essential lawyer class

EVOLUTION

1790-1870

Profession a profession has internal rules that all members must abide by. Rules for admission, etc are present. The profession retains a certain degree of power and authority over the line of work. Did no exist before 1870

Free market law anybody that wanted to practice law could. People didn t want professional standards because they were seen as too undemocratic.

Practice simple laws

Lawyers were typically solo or with only one partner

Lawyers were gerneral practitioners with no real specialization

Most lawyers spent most of tehir time in the court room

Quality of a lawyer was judged by ability in the court room

Education potential lawyer would aprrentice to a current lawyer

Would also help to learn the law

Law schools no the typical route

1828 harvard law had 128 and 1840 only 9 universities affliated with law school

1870-1945

Early professionalization

1870 new york bar association formed for the first time in NY city

1878 bar association is formed

set their own rules and policed their members

standards of admission were set (bar exam)

organized boyd now look out for and advance the interests of leg profession

volume of work grows, epecially regulatory law

emergence of the legal hierachy

Modern la

Law firms develop, practices began to specialize, less time spent in court room

Education

Law schools

Provided efficient way of training enough new lawyers

Efiicient way of developing new layers into hierarchy

1870 + had been to law schoo

1910 2/3

1945

consolidation of professionalism

practice: law firm becomes more coropate and less a family organization

1945 60% solo

1975 fewer than 50 firms with 100+ members now hundreds some with thousands

legal work explosion in environmental, civil rights, and internet law service

11.2 Big Casino

Grutman is a well known civil attorney

Says lawyers are

Weapons can be offensive and defensive

Cabbies get u from point a to b but they need to be paid. Only take u where u want to go

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