The New Lawyer: How Settlement is Transforming the Practice of Law by Julie MacFarlaneThe New Lawyer: How Settlement is Transforming the Practice of Law by Julie MacFarlane

The New Lawyer: How Settlement is Transforming the Practice of Law

byJulie MacFarlane

Paperback | July 1, 2008

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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 Yet structural changes within both the justice system and the legal profession have rendered the “warrior” notion outdated and inadequate, with a shift toward conflict resolution rather than protracted litigation.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 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 drawn from Canadian and American legal literature as well as from her own empirical research. The result is a thought-provoking exploration of the increasing impact of alternative, consensus-seeking strategies on the lawyer-client relationship, as well as on the legal system itself.

Julie Macfarlane is a professor in the Faculty of Law at the University of Windsor.
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Title:The New Lawyer: How Settlement is Transforming the Practice of LawFormat:PaperbackDimensions:304 pages, 8.98 × 6 × 0.8 inPublished:July 1, 2008Publisher:Ubc PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0774814365

ISBN - 13:9780774814362

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Table of Contents

Preface

Acknowledgments

1 Changes in the Legal Profession and the Emergence of the New Lawyer

2 Constructing Professional Identity

3 Three Key Professional Beliefs

4 Translating the Beliefs into Practice: The Norms of Legal Negotiations

5 The New Advocacy

6 The Lawyer-Client Relationship

7 The Role of the Law and Legal Advice

8 Ethical Challenges Facing the New Lawyer

9 Where the Action Is: Sites of Change

Epilogue

Notes

Index

Editorial Reviews

Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation.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.A provocative and hopeful vision of the ‘new lawyer’ who has chosen to embrace a more inclusive calling … With Macfarlane’s guidance, it may be possible to reclaim the pragmatic nobility of the legal profession. - Nancy A. Welsh, Professor of Law, Dickinson School of Law, Pennsylvania State University - 20080115