The Justice Broker: Lawyers and Ordinary Litigation

Hardcover | October 1, 1990

byHerbert M. Kritzer

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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 themanner 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. Kritzeranalyzes 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 ordinarylitigation. 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 recommendingthat 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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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 themanner in which lawyers litigate the day-to...

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

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Format:HardcoverDimensions:248 pages, 9.49 × 6.38 × 0.98 inPublished:October 1, 1990Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:019506142X

ISBN - 13:9780195061420

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"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 onPolitical Science