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Training Lawyers To Be More Effective Dispute Preventers and Dispute Settlers - Advocating for Non-Adversarial Skills

NCJ Number
96280
Journal
Missouri Journal of Dispute Resolution Volume: 1984 Dated: (1984) Pages: 87-118
Author(s)
P L Tractenberg
Date Published
1984
Length
32 pages
Annotation
After briefly reviewing some milestones in the history of legal education, especially efforts to train lawyers in man-Langdellian technique, this study explores the reorientation of legal training to equip attorneys to be more effective preventers and settlers of disputes.
Abstract
Some of the criticisms of the legal profession and its training offered by Derek Bok, President of Harvard University and former dean of its law school, are discussed. Bok's suggestions for legal education reform include shifting the primary focus of legal education from training appellate judges, law professors, and associates for large corporate law firms to addressing the broader needs of the profession; and emphasizing fact-oriented and human relations skills, rather than just intellectual skills. Ways in which the law school curriculum could be modified to respond to the many criticisms which have been leveled against it are suggested. Four areas of skill and knowledge identified by lawyers as important are factfinding, interpersonal relations, law, and the transmission of information and implementation of legal strategies. Because none of these areas is broadly emphasized in most law school curriculums, significant changes must occur to better prepare law students to broaden their effective functioning. Ways to improve the curriculum are suggested, including having students learn by doing and videotaping their efforts. Included are 144 references.

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