Lawyers A CRITICAL READER RICHARD L. ABEL. Edited by. The New Press New York

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1 Lawyers A CRITICAL READER Edited by RICHARD L. ABEL Hi The New Press New York

2 CONTENTS Introduction CHAPTER 1. THE FUNDAMENTAL DILEMMA OF LAWYERING: THE ETHICS OF THE HIRED GUN DavidLuban The Adversary System Excuse 3 CHAPTER 2. AN OVERVIEW OF THE AMERICAN LEGAL PROFESSION The Transformation of the American Legal Profession 15 Robert L. Nelson The Futures of American Lawyers: A Demographic Profile of a Changing Profession in a Changing Society 2 o John P. Heinz and Edward 0. Laumann Chicago Lawyers: The Social Structure of the Bar 27 CHAPTER 3. SOLO AND SMALL-FIRM PRACTICE Carroll Seron The Business of Practicing Law: The Work Lives of Solo and Small-Firm Attorneys 35 CHAPTER 4. LAWYER-CLIENT INTERACTION Austin Sarat and William L. F. Felstiner Law and Strategy in the Divorce Lawyer's Office 45 CHAPTER 5. LARGE FIRMS Marc Galanter and Thomas M. Palay Why the Big get Bigger: The Promotion-to-Partner Tournament and the Growth of Large Law Firms 57

3 [vi] RichardH. Sander ande. Douglass Williams A Little Theorizing about the Big Law Firm: Galanter, Palay, and the Economics of Growth 64 RobertL. Nelson Ideology, Practice, and Professional Autonomy: Social Values and Client Relationships in the Large Law Firm 70 Robert V. Stover CHAPTER 6. THE EXPERIENCE OF LAW SCHOOL Making It and Breaking It: The Fate of Public Interest Commitment during Law School 75 CHAPTER 7. WOMEN LAWYERS David L. Chambers Accommodation and Satisfaction: Women and Men Lawyers and the Balance of Work and Family 91 Carrie Menkel-Meadow Portia Redux: Another Look at Gender, Feminism, and Legal Ethics 9 6 CHAPTER 8. MINORITY LAWYERS DavidB. Wilkins and G. Mitu Gulati Why Are There So Few Black Lawyers in Corporate Law Firms? An Institutional Analysis 1 o 1 DavidB. Wilkins Two Paths to the Mountaintop? The Role of Legal Education in Shaping the Values of Black Corporate Lawyers 111 CHAPTER 9. THEORIES OF THE LEGAL PROFESSION American Lawyers 117 CHAPTER 10. USING THE THEORIES: COMPARING LEGAL PROFESSIONS Richard L.Abel Lawyers in the Civil Law World 133 CHAPTER 11. USING THE THEORIES: THE HISTORY OF AMERICAN LEGAL EDUCATION Robert B. Stevens Law School: Legal Education in America from the 1850s to the 1980s 145

4 [vii] CHAPTER 12. BEYOND MARKET CONTROL: PROFESSIONAL ASSOCIATIONS AND THE PUBLIC INTEREST MichaelJ. Powell Elite Professionalism in Modern Society: Its Persistence and Its Limits 161 CHAPTER 13. SELF-REGULATION: PROMULGATING AND ENFORCING ETHICAL RULES TheodoreJ. Schneyer Professionalism as Politics: The Making of a Modern Legal Ethics Code 175 DavidB. Wilkins Who Should Regulate Lawyers? 179 ManuelR. Ramos Legal Malpractice: The Profession's Dirty Little Secret 181 William T. Gallagher Ideologies of Professionalism and the Politics of Self-Regulation in the California State Bar 182 CHAPTER 14. CULTURAL IMAGES OF LAWYERS Anthony Chase Lawyers and Popular Culture: A Review of Mass Media Portrayals of American Attorneys 193 Carole Shapiro Women Lawyers in Celluloid: Why Hollywood Skirts the Truth 200 CHAPTER 15. IS THERE "UNMET LEGAL NEED"? Leon H. May hew Institutions of Representation: Civil Justice and the Public 213 Barbara A. Curran The Legal Needs of the Public 218 Barbara A. Curran 1989 Survey of the Public's Use of Legal Services 220 CHAPTER 16. HOW DO PEOPLE GET LAWYERS AND LAWYERS GET BUSINESS? Bates v. State Bar of Arizona 2 23 In re Primus 226 Ohralikv. Ohio State Bar Association 229

5 [viii] Zauderer v. Office of Disciplinary Council 231 Shapero v. Kentucky Bar Association 232 Edenfield v. Fane 233 Florida Bar v. Went For It, Inc. 236 CHAPTER 17. WHEN DO AND SHOULD LAWYERS RENDER PRO BONO LEGAL SERVICES? Philip R. Lochnerjr. The No-Fee and Low-Fee Legal Practice of Private Attorneys 241 Mary Coombs Your Money or Your Life: A Modest Proposal for Mandatory Pro Bono Services 249 CHAPTER 18. REPRESENTING THE POOR JackKatz Poor People's Lawyers in Transition 253 Lisa]. Mclntyre The Public Defender: The Practice of Law in the Shadows of Repute 262 CHAPTER 19. LAWYERS AND SOCIAL CHANGE: INSTITUTIONS NanAron Liberty and Justice for All: Public Interest Law in the 1980s and Beyond 273 Law Without Politics: Legal Aid under Advanced Capitalism 282 CHAPTER 20. LAWYERS AND SOCIAL CHANGE: STRATEGIES Peter Gabel and Paul Harris Building Power and Breaking Images: Critical Legal Theory and the Practice of Law 291 LucieE. White Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G. 300

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