Why "Therapeutic Jurisprudence" Must Be -- and Will Be -- Eliminated From Our Family Courts
Why "Therapeutic Jurisprudence" Must Be -- and Will Be -- Eliminated From Our Family Courts
EXCERPTS:" Lawyers' unacknowledged conflicts are destroying the quality of family law representation. One of the problems with the rise of therapeutic jurisprudence and the placement of non-legal systems into the courts is the subtle denigration of long-established precepts of lawyer independence and due process. One of the multiple ways this happens in the family courts is through the common development of multidisciplinary collegial relationships and business referral.
The conflict arises because most lawyers represent different clients taking different sides in different cases (sometimes the wife, sometimes the husband, sometimes the "good guy", sometimes the "bad guy", etc.). If a lawyer coming into a case runs up against an expert he has a referral or employment relationship with in other cases, and that expert takes an adverse position to the lawyer's client in the new case, the lawyer will have a very difficult time adequately representing his client. Appropriate representation may require the lawyer to strenuously object to an expert's testimony -- or even the expert himself. But if the lawyer needs the good will and cooperation of the expert in connection with the lawyer's other clients' pending cases, he cannot do that because he may put those other cases at risk."
http://www.thelizlibrary.org/site-index/site-index-frame.html#soulhttp://www.thelizlibrary.org/child-centered-divorce/child-centered-divorce.html
EXCERPTS:" Lawyers' unacknowledged conflicts are destroying the quality of family law representation. One of the problems with the rise of therapeutic jurisprudence and the placement of non-legal systems into the courts is the subtle denigration of long-established precepts of lawyer independence and due process. One of the multiple ways this happens in the family courts is through the common development of multidisciplinary collegial relationships and business referral.
The conflict arises because most lawyers represent different clients taking different sides in different cases (sometimes the wife, sometimes the husband, sometimes the "good guy", sometimes the "bad guy", etc.). If a lawyer coming into a case runs up against an expert he has a referral or employment relationship with in other cases, and that expert takes an adverse position to the lawyer's client in the new case, the lawyer will have a very difficult time adequately representing his client. Appropriate representation may require the lawyer to strenuously object to an expert's testimony -- or even the expert himself. But if the lawyer needs the good will and cooperation of the expert in connection with the lawyer's other clients' pending cases, he cannot do that because he may put those other cases at risk."
http://www.thelizlibrary.org/site-index/site-index-frame.html#soulhttp://www.thelizlibrary.org/child-centered-divorce/child-centered-divorce.html
Comments
Post a Comment