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NCJRS Abstract

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NCJ Number: 66181 Find in a Library
Title: LAWYERS AND CONSUMER PROTECTION LAWS
Journal: LAW AND SOCIETY REVIEW  Volume:14  Issue:1  Dated:(FALL 1979)  Pages:115-171
Author(s): S MACAULAY
Corporate Author: Law and Society Assoc
University of Denver
College of Law
United States of America
Date Published: 1979
Page Count: 57
Sponsoring Agency: Law and Society Assoc
Denver, CO 80204
National Science Foundation
Arlington, VA 22230
Publication Number: SOC 76-22234
Format: Article
Language: English
Country: United States of America
Annotation: THIS STUDY OF THE IMPACT OF CONSUMER PROTECTION LAWS ON THE PRACTICE OF WISCONSIN LAWYERS INDICATES THAT LAWYERS FOR INDIVIDUALS TEND TO KNOW LITTLE OF THE PRECISE CONTOUR OF CONSUMER PROTECTION LAW.
Abstract: THE CONVENTIONAL MODEL OF THE PRACTICE OF LAW VIEWS LAWYERS AS THOSE WHO APPLY LEGAL RULES IN THE SERVICE OF CLIENT INTERESTS, CHECKED ONLY BY THE CONSTRAINTS OF THE ADVERSARY SYSTEM. THIS IS SEEN AS AN OVERSIMPLIFICATION. LAWYERS MOST OFTEN SERVE AS MEDIATORS BETWEEN BUYER AND SELLER, RELYING ON GENERAL NORMS OF FAIRNESS AND GOOD FAITH. LAWYERS FOR BUSINESSES ARE MORE LIKELY TO MAKE USE OF THE LAW, BUT THEY ARE SELDOM CALLED ON TO DEAL WITH PARTICULAR DISPUTES. LAWYERS' OWN VALUES AND INTERESTS ARE REFLECTED IN THE WAY IN WHICH THEY REPRESENT CLIENTS. AS A RESULT, REFORM LAWS WHICH CREATE INDIVIDUAL RIGHTS ARE LIKELY TO HAVE ONLY SYMBOLIC EFFECT UNLESS INCENTIVES ARE DEVISED TO MAKE THEIR VINDICATION IN THE LONG-RANGE INTEREST OF MEMBERS OF THE BAR. MOREOVER, AN UNDERSTANDING OF THE MANY ROLES PLAYED BY LAWYERS ALSO REQUIRES A MORE EXPANDED PICTURE OF PRACTICE. THE PICTURE OF THE LAWYER AS LITIGATOR IN THE ADVERSARY SYSTEM MAY ITSELF SERVE LARGELY SYMBOLIC FUNCTIONS. RESEARCH FOR THE ARTICLE WAS BASED ON IMPACT OF THE MAGNUSON-MOSS WARRANTY ACT IN WISCONSIN WHICH WAS HERALDED AS AN IMPORTANT VICTORY OF THE CONSUMER PROTECTION MOVEMENT, AND INVOLVED INTERVIEWS WITH 100 WISCONSIN LAWYERS. REFERENCES ARE GIVEN. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Class action lawsuits; Consumer advocates; Consumer Credit Protection Act; Consumer protection; Consumer protection laws; Wisconsin
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66181

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