319 research outputs found

    Connection, Capacity and Morality in Lawyer-Client Relationships: Dialogues and Commentary

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    As important, and difficult, as it is to offer new law students clear and helpful frameworks for the interpersonal work of lawyering, do­ing so is only part of what a clinical textbook may aspire to. In our textbook-in-progress, we hope to offer both frameworks and support for students\u27 sense of the incompleteness of every framework and for their recognition of the need for careful, flexible response to each in­dividual client. Even care and flexibility by themselves are not enough, however, and every text must choose which aspects of law­yer-client relationships it will emphasize most. In the sections that fol­low, we focus on lawyers\u27 development of connection in context, emotional connection and common ground with clients forged even across considerable gaps of difference; on the application of these skills across especially large contextual gaps, as illustrated in an inter­view with a client with a mild intellectual disability; and on the ethics and skills of making one special form of connection with a client, the moral relationship entailed in a moral dialogue. These dialogues and commentaries explore many complex moments between lawyer and client, but they also reaffirm the central importance of a funda­mental skill and virtue - listening - in the lawyer\u27s work of creating, in each case, a theory of the representation

    Connection, Capacity and Morality in Lawyer-Client Relationships: Dialogues and Commentary

    Get PDF
    As important, and difficult, as it is to offer new law students clear and helpful frameworks for the interpersonal work of lawyering, do­ing so is only part of what a clinical textbook may aspire to. In our textbook-in-progress, we hope to offer both frameworks and support for students\u27 sense of the incompleteness of every framework and for their recognition of the need for careful, flexible response to each in­dividual client. Even care and flexibility by themselves are not enough, however, and every text must choose which aspects of law­yer-client relationships it will emphasize most. In the sections that fol­low, we focus on lawyers\u27 development of connection in context, emotional connection and common ground with clients forged even across considerable gaps of difference; on the application of these skills across especially large contextual gaps, as illustrated in an inter­view with a client with a mild intellectual disability; and on the ethics and skills of making one special form of connection with a client, the moral relationship entailed in a moral dialogue. These dialogues and commentaries explore many complex moments between lawyer and client, but they also reaffirm the central importance of a funda­mental skill and virtue - listening - in the lawyer\u27s work of creating, in each case, a theory of the representation

    Legal Interviewing and Counseling: An Introduction

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    n this article, the authors, who are writing their own textbook on interviewing and counseling, reflect on the ways in which Gary Bel­low & Bea Mou/ton\u27s groundbreaking textbook, The Lawyering Pro­cess, has shaped and is shaping their work. The authors include the introductory chapter of their forthcoming textbook interspersed with commentary on the influence of Bellow & Moulton on each of the primary themes through which their textbook will explore interview­ing and counseling: variations in the lawyer-client relationship, con­text, connection, ethics and theory-driven lawyering. This review allows them to evaluate, not only how deeply and pervasively the Bel­low & Moulton text has shaped clinical education, but also how much of the environment of clinical education and scholarship has changed since the publication of The Lawyering Process
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