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5 books match the query 'Lawyer'

cover of Lawyer and Client: Who's in Charge

Lawyer and Client

Who's in Charge

Douglas E. Rosenthal

Russell Sage Foundation, 1974

To what extent can and should people participate in dealing with the personal problems they bring to consulting professionals? This book presents two alternative models for the conduct of such professional-client relationships as those between lawyers and clients and doctors and patients. One model, called the traditional, prescribes a role of minimal participation for the client. The other, called the participatory, prescribes a role of decision-making shared by the client and the professional. After presenting the two models and their implications, the book systematically tests their validity in a case study of the lawyer-client relationship in the making of personal injury claims. The distinctive feature of this work is a sophisticated and objective test of the traditional proposition that passive clients get better results than active clients. Evidence drawn from a sample of actual cases of personal injury claimants reveals that active clients in fact fare significantly better than passive clients. The book is important and novel in four respects: it offers the first clear and realistic proposal for increasing the control people can have over the complex problems they bring to professionals; it presents concrete evidence that lay participation in complex decision making need not be inefficient; it gives practical advice to clients and to lawyers for dealing with each other more effectively and it presents a comprehensive picture of the actual and often dramatic experiences of accident victims, and what it is like to make a personal injury claim.
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cover of Lincoln the Lawyer

Lincoln the Lawyer

Brian Dirck

University of Illinois Press, 2006

What the law did to and for Abraham Lincoln, and its important impact on his future presidency

Despite historians' focus on the man as president and politician, Abraham Lincoln lived most of his adult life as a practicing lawyer. It was as a lawyer that he fed his family, made his reputation, bonded with Illinois, and began his political career. Lawyering was also how Lincoln learned to become an expert mediator between angry antagonists, as he applied his knowledge of the law and of human nature to settle one dispute after another. Frontier lawyers worked hard to establish respect for the law and encourage people to resolve their differences without intimidation or violence. These were the very skills Lincoln used so deftly to hold a crumbling nation together during his presidency.

The growth of Lincoln's practice attests to the trust he was able to inspire, and his travels from court to court taught him much about the people and land of Illinois. Lincoln the Lawyer explores the origins of Lincoln's desire to practice law, his legal education, his partnerships with John Stuart, Stephen Logan, and William Herndon, and the maturation of his far-flung practice in the 1840s and 1850s. Brian Dirck provides a context for law as it was practiced in mid-century Illinois and evaluates Lincoln's merits as an attorney by comparison with his peers. He examines Lincoln's clientele, his circuit practice, his views on legal ethics, and the supposition that he never defended a client he knew to be guilty. This approach allows readers not only to consider Lincoln as he lived his life--it also shows them how the law was used and developed in Lincoln's lifetime, how Lincoln charged his clients, how he was paid, and how he addressed judge and jury.

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cover of Sharpening the Legal Mind: How to Think Like a Lawyer

Sharpening the Legal Mind

How to Think Like a Lawyer

William Powers Jr, edited by John Deigh

University of Texas Press, 2023

The way lawyers think about the law can seem deeply mysterious. They see nuance and meaning in statutes and implications in judicial opinions that are opaque to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind explains how lawyers analyze the cases and controversies that come before the courts.

Written by William Powers Jr., the former president of the University of Texas at Austin, this book is an authoritative introduction to the academic study of law and legal reasoning, including insights into the philosophy of law and the intellectual history of legal thought. Powers discusses the methods lawyers use to interpret the law, the relation between law and morals, and the role of courts in shaping the law. In eight chapters, he follows the historical debate on these issues and others through different generations and movements in American legal thought—formalism, realism, positivism—to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind demystifies the debates and approaches to thinking like a lawyer that profoundly influence the rule of law in our lives.

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cover of The Conscience of a Lawyer: Clifford J. Durr and American Civil Liberties, 1899–1975

The Conscience of a Lawyer

Clifford J. Durr and American Civil Liberties, 1899–1975

John A. Salmond

University of Alabama Press, 1990

A powerful portrait of principle and protest in the life of a Southern lawyer who stood for civil liberties.

Clifford Judkins Durr was an Alabama lawyer who played an important role in defending activists and other accused of disloyalty during the New Deal and McCarthy eras. His uncompromising commitment to civil liberties and civic decency caused him to often take unpopular positions.

In 1933, Durr moved to Washington to work as a lawyer for the Reconstruction Finance Corporation, a creation of Roosevelt’s new Democratic administration, becoming a dedicated New Dealer in the process. He was then appointed by President Franklin D. Roosevelt to the Federal Communications Commission (FCC), a politically sensitive position as FDR sought to counter the increasing power and concentration of broadcasters, many of whom were opponents of the New Deal. Durr resigned from the FCC in 1948 and after brief employment with the National Farmers Union in Colorado, the Durrs eventually returned to Montgomery, Alabama in the hope of returning to a more prosperous, less controversial life.

Durr continued to practice in Montgomery as counsel for black citizens whose rights had been violated and ultimately, in December, 1955, when police arrested Rosa Parks for refusing to give her bus seat to a white man he stepped in and lent his extensive legal prowess to her case and the continuing quest for civil rights. Closing his firm in 1964 Durr began to lecture in the United States and abroad. He died at his grandfather's farm in 1975.
 

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cover of The Original Rush Limbaugh: Lawyer, Legislator, and Civil Libertarian

The Original Rush Limbaugh

Lawyer, Legislator, and Civil Libertarian

Dennis K. Boman

University of Missouri Press, 2012

            Born at the end of the nineteenth century into a farming family of modest means in southeastern Missouri, Rush Hudson Limbaugh Sr. led a distinguished professional life as an attorney, legislator, and special ambassadorial representative of the United States. Today his descendants benefit from his reputation for integrity and public-spiritedness as a lawyer and member of his community, a legacy that lives on in his family in the careers of two federal district court judges, Stephen Limbaugh Sr. and Jr., and David Limbaugh, a practicing attorney and a nationally known author and political commentator. Moreover, Limbaugh’s character and life has gained wider renown on the radio talk show of his grandson and namesake.
            In this biography, Dennis K. Boman recounts Limbaugh’s legal career, which spanned most of the twentieth century and included a number of important events in Missouri history. His legal prowess first came to wider public notice when he managed the impeachment trial of state treasurer Larry Brunk, who was accused of misconduct in office. Among his later achievements was presiding over the infamous 1935 case Ware vs. Muench, in which a young woman sued for the return of her infant son. The case gained widespread attention, and the daily courtroom proceedings were reported in detail by newspapers across the United States. His legal opinion in the case was widely quoted and upheld by the Supreme Court of Missouri.
            In the midst of the Great Depression, as a state legislator, although a member of the minority party, Limbaugh led the effort to pass significant legislation, including the more fair distribution of the state tax burden, the founding of the Missouri state highway patrol, and the construction of state roads. In the late 1950s, President Dwight D. Eisenhower appointed Limbaugh to represent the United States as a goodwill ambassador to India.
            As a respected lawyer, Limbaugh was selected to serve on different civil rights commissions. First a member of the American Bar Association’s Special Committee on the Bill of Rights, he later was appointed its chair. This committee investigated the circumstances of African Americans, especially in the South, and sought to find practical ways to end racial discrimination and segregation. Moreover, he served as a member of the Special Committee on Civil Rights and Social Unrest in 1964 and 1965, as well as a commissioner on the Missouri Commission on Human Rights and Responsibilities, which examined violations of civil rights and led to legislation to protect non-whites from discrimination.
            Boman conducted personal interviews with many members of the Limbaugh family, whose candid answers add invaluable insights into Limbaugh’s character and career. Boman delves into Limbaugh’s memoirs, family correspondence, and personal papers, as well as newspaper accounts, to chronicle the life of a man who served his state and country until his death at the age of 104.
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