Explores the role of the lawyer in the judicial process and examines the litigator's consciousness.
An important and thought-provoking addition to the literature on the ethics of lawyers. ---Kimberly Kirkland, Franklin Pierce Law Center The Consciousness of the Litigator investigates the role of the lawyer in modern American political and social life and in the judicial process, and plumbs lawyers' perceptions of themselves, their work, and, especially, their sense of right and wrong. In so doing, the book sheds light on the unique and little-examined subject of the moral mind of the litigator, whose work extends to all corners of society and whose primary expertise---making legal arguments---is the fundamental skill of all lawyers. The Consciousness of the Litigator stands with Michael Kelly's Lives of Lawyers as a must-read for the many law students, scholars, and practicing litigators who struggle to balance ethical questions with the dictates of their highly commercialized profession.
Table of Contents
Introduction 1 (14)
PART ONE The Context of the Litigator's Work
The Lawyer in American Society 15 (24)
The Judicial Process 39 (16)
PART TWO The Moral Consciousness of the
The Two Rules of Practice 55 (28)
Planting the Flag 83 (26)
Enforced Realism 109(16)
Author's Note 125(4)