A Community Divided: Defense Attorneys and the Ethics of Death Row Volunteering

When death row inmates elect to waive appeals and proceed directly to execution a series of problematic legal and ethical questions are raised. This article examines the ethics of volunteering from the perspective of death row inmates'defense attorneys. Studying attorneys is important for two reasons: since they are charged with protecting their clients'interests they must resolve the difficult question of whether death is ever in someone's best interest; and perhaps more important, most death row defense attorneys are themselves against the death penalty and must thus negotiate between their clients'desire for execution and their own personal value systems. Interviews were conducted with 20 attorneys who have participated in representing would-be volunteers. Qualitative analysis suggests that most are faced with profound ethical dilemmas, both professional and personal, when a client elects to waive appeals. This article explores how attorneys interpret, experience, and resolve those dilemmas.     

What's Gender Got to Do with It? Incivility in the Federal Courts

The current study examines experiences of interpersonal mistreatment in federal litigation among a random sample of 4,608 practicing attorneys. Using both quantitative and qualitative survey data, we documented the nature and interplay of general incivility, gender-related incivility, and unwanted sexual attention. Nearly 75% of female attorneys had experienced some form of this misconduct in the previous five years, compared to half of male attorneys. An in-depth examination of instigators revealed that not only fellow attorneys but also federal judges, court personnel, marshals, and court security officers instigated the inappropriate behavior. We further found that most attorneys responded to this mistreatment with avoidance and denial; few used or trusted existing reporting mechanisms. The current study surpassed simple prevalence estimates to document effects of interpersonal mistreatment on the professional well-being of targeted attorneys. We discuss implications of these results, drawing on theories of social dominance, sex-role spillover, cognitive stress, organizations, and intervention.     

The organization of work as a factor in social well-being

Even though innovations in the organization of work have prompted a transition in work systems, the effect of the organization on employees is often not considered. Using personal interviews, direct observations, and relevant documents over a 17-month period, this case study of a worker-owned and -managed producer cooperative was undertaken to understand how fundamental changes in the organization of work affect workers and their families. The findings affirm that the organization of work is a pivotal aspect of individuals' quality of life, principally in that expanding personal choice--in a context of income security and an absence of formal hierarchy--enhances personal and familial well-being. From a policy perspective, the study demonstrates the potential for organizing work so that market demands are balanced with concerns for social well-being     

Working to Avoid Collateral Emotional Harm to Clients: Cases and Recommendations for the Personal Injury Attorney

Attorneys working in the area of personal injury face complex cases in addition to many potential ethical and practice hazards. They are trained, educated, and have experience in handling and discharging their responsibilities in such cases to the best advantage of their clients, whether plaintiff or defense, while maintaining a professional integrity and appropriate ethical stance. Ideally, personal injury attorneys will practice from a position of virtue, serving their clients in their efforts to recover and regain their quality of life. Nevertheless, factors such as financial and work pressures can intervene, leading to inappropriate conduct that may harm their clients and risk professional alienation and malpractice. In the present article, seven case examples are provided that illustrate how personal injury attorneys working for plaintiffs can act in unethical and harmful ways, ultimately endangering their practice. The article is oriented to attorneys at all phases of their careers and includes recommendations for avoiding the types of harm and unethical practice that have been described. Also, the article presents strategies that psychologists treating these patients can take to remedy further emotional damage to patients.     

RESOURCE ALLOCATION IN LEGAL SERVICES: Individual Attorney Decisions in Work Priorities

This article explores the issues of professional decision-making in legal resource allocation by examining theoretical models of professional decision-making, and applying them in the provision of legal services for the poor. Data collected from time sheets completed by attorneys in an urban legal services program suggest the relative importance of bureaucratic, external, client-centered, ideology, personal, and role concept factors in allocating time for practice routines. The implications of these findings for the rational (i.e., cost benefit) determination of the value of legal services are discussed.     

CRITIQUE OF CHILD CUSTODY EVALUATIONS BY THE LEGAL PROFESSION

This study explored the congruency between child custody evaluations and the needs of the legal profession. One hundred twenty-one judges and attorneys were surveyed. In general, both groups expressed similar attitudes and beliefs. Findings indicated that court-ordered evaluations were most useful, and objectivity was paramount. Judges and attorneys also expressed a need for improvements in child custody reports, particularly greater child focus, provision of custody and visitation recommendations, discussion of legal criteria, and timely completion of evaluations. It is hoped that the findings will inform professional practice and help evaluators better serve the needs of the family court.     

Accommodating death penalty legislation: Personal and professional views of assistant district attorneys toward capital punishment

Reinstatement of the death penalty in New York in 1995 forced an entire generation of prosecutors to confront capital punishment for the first time in their professional capacities. A total of 191 assistant district attorneys (ADAs) from 44 of New York’s 62 county prosecutors’ offices responded to a written survey. The results show ADAs hold widely divergent views about capital punishments, although most respondents fail to recognize their colleagues maintain differing viewpoints. The return of the death penalty appears to have both personal and professional implications for New York ADAs, and has precipitated potentially significant changes in their work environments.     

The highs and lows of working with sexual offenders: A New Zealand perspective

Abstract

The positive effects on clinicians responsible for the treatment of sexual offenders are little understood. The few available studies have focused upon the negative sequelae of this work. The current study of clinicians working therapeutically with sexual offenders at a community-based organization aimed for a more balanced picture of the effects of sex offender treatment provision. Using qualitative methods, both negative and positive aspects of this work emerged within three main themes: taking an optimistic perspective, working for community outcomes and supportive agency culture. Although the study revealed many challenges for therapists, these were found to be counterbalanced against rewards, affording a high degree of personal and professional fulfilment from working within this field.     

The interface between exercise of state power and personal powerlessness: a study of police perceptions of factors impacting professional practices

Police legitimacy is crucial to the maintenance of law and order in any society. In communities marred by high instances of societal manifestations of dysfunction, tenuous legislative frameworks, poradic implementation, and dismantling of crime fighting strategies, there is greater emphasis placed on quick-fix crime fighting solutions and policing initiatives. The focus is placed primarily on what police officers are mandated to do as opposed to practical applications underscored by systematic hindrances to professional practice. Examining interview data from a pilot study on police fear of crime in Trinidad and Tobago, this study is intended to explore connections between police perceptions about personal powerlessness and the exercise of state power. Here we examine the discourses of N = 12 senior police officers with an average of 22.83 years of service to attain a preliminary understanding of instances presenting a conflict between professional practice and perceptions of self-preservation. The findings suggest a need for officers’ constant consideration of the repercussions of professional competence and the need for continued navigation of blurred constructions of police legitimacy and subjective determinants of criminality against a backdrop of acknowledged personal powerlessness.     

Do Defense Attorney Referrals for Competence to Stand Trial Evaluations Depend on Whether the Client Speaks English or Spanish?

Criminal defense attorneys (N = 142) responded to a survey asking them to read a vignette describing a Hispanic defendant charged with assault and rate the severity of the defendant’s mental illness and likelihood of referring him for an evaluation of competence to stand trial (CST). The vignettes varied in terms of whether the defendant spoke English or Spanish, and whether his mental illness symptoms were obvious or ambiguous. Overall, attorneys rated the Spanish-speaking defendant as less mentally ill than the English-speaking defendant, and were less likely to refer the Spanish-speaking defendant for a CST evaluation. Attorneys who perceived more logistical barriers to seeking a CST evaluation in their local communities were less likely to refer the defendant for a CST evaluation, but only when the defendant spoke Spanish. These findings suggest attorney decisions were influenced by language, although further research is needed to identify the mechanism of this influence.     

Personalized or bureaucratized justice in legal services: Resolving sociological ambivalence in the delivery of legal aid for the poor

This paper examines and tests some of the claims about the professional autonomy of attorneys working in a bureaucratic environment. Following an analysis of the concept of professionalism across various types of attorney practices, data are offered to explore how attorneys who provide legal services for the poor resolve the potential conflict between bureaucratic demands and personal or professional autonomy. The data, which consist of attorney time sheets covering some 2284 separate legal tasks as well as in-depth personal interviews with 23 attorneys, reveal some difference between actual practice routines and perceived personal autonomy. Implications of this for the delivery of legal service are discussed. The paper concludes that although the conflicting demands of legal services practice might lead to sociological ambivalence, as long as the attorneys do not perceive themselves as bureaucratic service deliverers but as autonomous professionals, there is little manifest ambivalence. Developing an adaptive strategy to avoid sociological ambivalence, attorneys see themselves as individual service providers, personalizing the justice they deliver.A lawyer is a lawyer-but only to a pointAn earlier version of this paper was presented to the Midwest Political Science Association Annual Meeting, Milwaukee, Wisconsin, April 28–May 2, 1982.     

Battered wives,lawyers, and district attorneys: An examination of law in action

The legal services received by 146 Milwaukee women who had been beaten by their husbands, but had been free of the violence for at least a year, are described and evaluated. Of these women 106 recieved legal help in connection with at least one battering incident. Some women saw more than one member of the legal profession, so the total number of legal contacts among the 106 women was 255. There is evidence that lawyers and district attorneys were most likely to be used by those battered women for whom the use of personal strategies and informal help sources (such as family and friends) were ineffective in combatting the violence. Contrary to the negative image of lawyers and district attorneys found in the literature on wife beating, most legal service contracts were rated as very or fairly successful by the battered women. The more difficult and severe the situation, the higher the success ratings given to lawyers and district attorneys by their clients. Despite the generally positive reactions that most beaten women had to lawyers and district attorneys, there were many negative incidents reported, including district attorneys who refused service or discouraged battered women from filing charges, and lawyers who sided with the aggressors or attempted to meet their personal and professional needs at the expense of their clients. These incidents remind us that it would be useful to educate legal professionals about the nature of family violence, the situation and needs of battered women, and the legal and ethical responsibilities that lawyers and district attorneys have when they are contacted by battered women.     

The case against lawyers’ contingent fees and the misapplication of principal-agent models

In this paper the case against the principal-agent modeling of most economic transactions is made about liberalizations of professional services that introduced in many European countries schemes of professionals’ remuneration contingent on outcomes—i.e. “contingent fees” for lawyers. If the relationship between the professional and clients is seen according to the principal-agent model, contingency fees can be economically justified. The case is quite different, however, if the situation is seen as one of authority under bounded rationality and unforeseen/asymmetrically gathered events. A game theoretical thought experiment aimed at checking the case for or against using agency models is carried out. It shows that (i) in the case of a self-interested professional, notwithstanding that overall utilitarian efficiency may be safeguarded, contingent fees leads to not respecting the fiduciary obligations (to detriment of Pareto optimality, impartial and loyal treatment of all clients, and the obligation to promote all the clients’ welfare). (ii) In the case of the professional’s willingness to comply with deontology standards—requiring impartial protection of all the clients’ rights and welfare, under a condition of minimal individual rationality—contingent fees lead nevertheless to making useless deontological motivations and to a loss of efficiency in utilitarian sense. A Pareto optimal, impartial, as well as efficient, arrangement aimed at maximizing the total volume of damage compensation is then considered. Nevertheless the main result is that, even if motivations to conform to such principles were available, under a contingent fee contract the professional could not carry out them because of the logic of the incentive contract. Thus, notwithstanding its widespread acceptance in the law and economics literature, agency theory seems not suitable in general for designing efficient and fair contracts and economic institutions.     

Mechanisms and Consequences of Professional Marginality: The Case of Poverty Lawyers Revisited

A partial replication of Jack Katz's (1982 ) Poor People's Lawyers in Transition, this article explores the manifestations and consequences of professional marginality of legal aid lawyers. Based on thirty‐five interviews with poverty attorneys and interns in Chicago, the authors show that scarce material resources and unclear expectations continue to give rise to the marginalization of this segment of the legal profession. The authors analyzed ideological, task, status, and material dimensions of attorneys' professional marginality. With no access to reform litigation, central to the legal aid “culture of significance” in the 1970s, present‐day poverty lawyers seek new ways to cope with marginality. The authors argue that these lawyers' coping strategies have many negative consequences. Thus, over time, poverty lawyers' deep engagement with clients, ideals of empowerment, and social justice orientation give way to emotional detachment, complacency, and an emphasis on “making do” within the constraints of the system.     

The value of interpersonal skills in lawyering

Noting the historical negative public perception held of attorneys, a 2×2 factorial design was created to assess the relative roles of legal competence and relational skill in the formation of client attitudes toward attorneys. Ninety-three subjects viewed a simulated, video-taped attorney-client interview in which the attorney possessed either (a) high legal competence and high relational skill, or (b) low legal competence and high relational skill, or (c) high legal competence and low relational skill, or (d) low legal competence and low relational skill. Analysis of questionnaires completed by the subjects after viewing the tapes revealed the attorney having high legal competence and high relational skill to be viewed as most expert, attractive, trustworthy. probable of satisfying the client, and being recommended and used in the future. The attorney having low legal competence and high relational skill was rated second on sixteen of the seventeen measures employed, indicating that relational skill contributes more to the formation of a client's perception of his or her attorney than does the attorney's level of legal competence. Implications of the results for the training of future attorneys are discussed.The first thing we do, let's kill all the lawyers.     

Police students’ perceptions of professional competences: a comparative study of Catalonia and Sweden

This study is part of the European cooperation project, Recruitment, Education, and Career in the Police. The overall aim of this study is to compare how Swedish and Catalan police students perceive different competence dimensions in relation to their future profession, and how the perceptions of these competence dimensions change from the beginning to the end of the training program. The empirical data is based on identical questionnaires that were distributed to police students in Sweden and Catalonia. The results show different patterns in how Catalan and Swedish police students perceive the importance of the different competences at the beginning and at the end of their basic training programs. The implications of this study show that more knowledge is needed about the next step; that is, how the police students use these competencies in their professional work.     

The World is More Just for Me than Generally: About the Personal Belief in a Just World Scale's Validity

Differences between personal and general belief in a just world were studied in four questionnaire studies and one experiment. Personal just world belief could reliably be differentiated from general just world belief, and subjects endorsed more strongly the personal compared to the general just world belief. Moreover, personal belief in a just world predicted subjective well-being and self-esteem, and this positive impact was independent of general just world belief and favorable self-perceptions. Finally, the more subjects were aware of their own unfairness, the more the personal belief in a just world showed a negative impact on self-esteem. Results give evidence to the just world beliefs' character as world views and as indicators of a personal contract between individual and social world.     

Lawyers about Mixed Tribunals: Do Croatian Professional Judges, State Attorneys, and Private Attorneys Share the Same View?

In this paper, I examine opinions about mixed tribunals, a form of lay participation used widely in the criminal justice systems across Europe. The distinguishing feature of mixed tribunals is the fact that professional and lay judges decide the guilt and sentence jointly. I explore the differences of opinion among lawyers about mixed tribunals in general and about lay judges in particular. Using the theoretical underpinnings of status characteristics theory, I study the impact of the lawyers' role in the criminal justice system and the type of court/office at which they serve or practice law on their opinion about mixed tribunals. The dataset I analyze in this paper consists of questionnaires filled out by Croatian professional judges, state attorneys, and private attorneys.     

WHAT SHOULD FAMILY LAWYERS KNOW? RESULTS OF A SURVEY OF PRACTITIONERS AND STUDENTS1

The contemporary practice of family law demands that lawyers know far more than the law. Results of a recent survey of professionals and law students suggest that today's family lawyer needs knowledge and skills that are often missing from law school curricula. Survey respondents emphasized the importance of strong interpersonal skills like listening, negotiation, and working with clients in emotional crisis, as well as keen understanding of financial issues in family law, the impact of separation and divorce on children, and the ethical dimensions of family law practice. Law students held contrasting views to law faculty and to practicing attorneys on a number of measures, ranking adversarial courtroom skills as more important and placing less emphasis on skills, knowledge, and attributes related to ethics.     

Trial Advocacy Competence: The Judicial Perspective

The competence of attorneys, and more particularly the competence of trial lawyers, is currently an issue of considerable controversy both within the judiciary and within the legal profession itself. This article addresses the issue of attorneys' courtroom performance as observed by judges. Drawing on data from a survey administered to state and federal judges sitting in trial courts of general jurisdiction, this article explores the relationship of demographic and judicial characteristics to various judicial evaluations of advocacy competence. While it provides important insights into the present state of trial advocacy competence, it also constitutes a systematic examination of the judiciary's perceptions of the trial bar.