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WalkerNewellSecondPaper 3 - 11 Apr 2009 - Main.WalkerNewell
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< | | | | -- WalkerNewell - 11 Apr 2009 | | | According to Leff, lawyers find valuable information within transaction costs. Leff states that it is the “actual behavior of actual people in actual transactions that is of particular interest” for lawyers. It is therefore essential for a lawyer to examine the latent social forces that shape conflicts and transactions. Lawyers need to consider why person A committed act X and what influences acts Z and W had on A, prior to the commission of act X. By understanding the causes and effects that influence human action, a lawyer will be in a better position to both counsel and advocate. | |
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< | Leff argues that lawyers must focus their attention on actual social phenomena and closely examine human behavior. The theory implies that, in order to be effective, a lawyer must necessarily seek to relate to those seeking his guidance. Thus, a lawyer, while addressing his client’s problem, should be constantly aware of the influences of myriad social forces that have shaped the conflict. When a lawyer pays close attention to the many components of his client’s situation, he is able to understand the structures and processes that are at work. Consequently, a lawyer uses this information to advocate for his client in the most efficient and logical manner. For example, a defense lawyer with an African-American client charged with possession of crack must be cognizant of the background to the harsh federal laws dealing with that substance and statistical evidence of the disproportionate enforcement of said laws along racial lines, as well as his client’s background and experiences. | >
> | Leff argues that lawyers must focus their attention on actual social phenomena and closely examine human behavior. The theory implies that, in order to be effective, a lawyer must necessarily seek to relate to those seeking his guidance. Thus, a lawyer, while addressing his client’s problem, should be constantly aware of the influences of the myriad social forces that have shaped the conflict. When a lawyer pays close attention to the many components of his client’s situation, he is able to understand the structures and processes that are at work. Consequently, a lawyer uses this information to advocate for his client in the most efficient and logical manner. For example, a defense lawyer with an African-American client charged with possession of crack must be cognizant of the background to the harsh federal laws dealing with that substance and statistical evidence of the disproportionate enforcement of said laws along racial lines, as well as his client’s background and experiences. | | | By applying broad knowledge of relevant phenomena to a given conflict, a lawyer can enter the realm of social instrumentation. The lawyer who can anticipate the future can simultaneously use his knowledge of the law and human interaction to help shape the future. Viewed in this light, a lawyer has considerable power. Arguably, he also has less accountability than, for example, a legislator. In attempting to remain true to his own values, though, his amalgamated understanding of the world around him will be valuable. He can predict the externalities that may result from his conduct in a given case, and police his own behavior in view of the relative desirability of such effects. |
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