Lawyers Seeking Clients, Clients Seeking Lawyers: Sources of Contingency Fee Cases And Their Implications for Case Handling

Where do the clients of contingency fee lawyers come from, and what are the implications of client sources for contingency fee practice? Those are the questions this paper considers, drawing upon multiple sources of data. The analysis shows that relatively few clients come to lawyers’ offices in response to advertising. Rather, it is the more traditional route of reputationally based referrals that bring in the vast majority of contingency fee clients. The importance of maintaining a reputation that will draw in future clients tends to curb the potential for abuses created by the inherent conflict of interest between lawyer and client that the contingency fee creates.     

Lawyers for Conservative Causes: Clients, Ideology, and Social Distance

Scholars have devoted attention to "cause lawyers" on the political left, but lawyers who work on the conservative side of the American political spectrum have received relatively little academic consideration. This article presents systematic data on the characteristics of and relationships among lawyers affiliated with organizations active on a selected set of 17 conservative issues. We find that the lawyers serve several separate and distinct constituencies—business conservatives, Christian conservatives, libertarians, abortion opponents—and that the credentials of the lawyers serving these varying constituencies differ significantly. The greatest degree of social separation occurs between the business constituency and the abortion opponents, with another clear separation between libertarians and the interest groups devoted to traditional family values and order maintenance. The divisions among these constituencies appear to reflect the difference between "insider politics" and "populism," which is manifested in part in actual geographic separation between lawyers located in the District of Columbia and those in the South, West, and Midwest. In the center of the network, however, we find some potential "mediators"—prominent lawyers who may facilitate communication and coordination among the several constituencies. These lawyers and the organizations they serve attempt to merge morality, market freedom, and individual liberty concerns, and they convene meetings of diverse sets of lawyers and organizational leaders to seek consensus on policy goals. Nonetheless, the findings indicate that most organizations are seldom active on issues that lie beyond the relatively narrow boundaries of their own interests.     

Contingent-Fee Lawyers and Their Clients: Settlement Expectations, Settlement Realities, and Issues of Control in the Lawyer-Client Relationship

One hallmark of Herb Jacob's analyses of criminal courts—extensive consideration of the interaction among actors–was less pronounced in his work on civil justice, which was more focused on institutions and the politics behind the laws that those institutions administered. In the research I report here, my emphasis is squarely on the actors in the civil justice process: the relationship between contingency-fee lawyers and clients, and how that relationship plays out in the settlement process. In Felony Justice, Herb, and his coauthor James Eisenstein, focus on the courtroom workgroup as a case-processing (and, largely, case-settling) machine; clients are relatively peripheral. In my account, clients, both current and future, are extremely important in how the lawyer works to settle cases. In the criminal court workgroup, lawyers do not worry about where future clients will come from because police secure them. In contrast, the contingency-fee lawyer has constant concerns about future clients, and I argue, this concern provides a control over lawyers that prior analyses of the contingency fee have largely missed. This dynamic also may explain why the courtroom workgroups, or court communities, found in the criminal courts do not appear to exist in the civil justice system.     

Training Parents Reported for or at Risk for Child Abuse and Neglect to Identify and Treat Their Children's Illnesses

Parents at-risk or reported for child abuse or neglect may demonstrate deficits in infant and child health care skills, placing their children at greater risk for health problems. Research assistants, caseworkers, and a nurse provided health care skills training to parents at risk or reported for child abuse or neglect. A health reference guide and other training materials were validated by health care professionals. Training involved teaching parents to follow a series of steps to identify symptoms, use reference and record-keeping materials, determine the best form of treatment, and either treat the illness at home, consult a physician, or seek emergency treatment. Skill acquisition was assessed through observations of parent behavior in simulated health care scenarios. A series of multiple baselines across parents demonstrated effectiveness of this training in the context of these scenarios. Six out of seven parents met the 100% mastery criterion. All parents provided positive ratings of the content of the training program, the training strategies, and the counselors who provided training.     

"It's Darwinism – Survival of the Fittest:" How Markets and Reputations Shape the Ways in Which Plaintiffs' Lawyers Obtain Clients

The survival of a plaintiffs' lawyer's practice depends upon the generation of an ongoing flow of clients with injuries that the civil justice system will compensate adequately. If this requirement is not met, lawyers will leave this aspect of the legal market for more promising ones. If they do, legal services for injured people will be diminished as a result. In order to find out how this personal services legal market is defined and developed, we interviewed ninety‐five plaintiffs' lawyers in Texas. These lawyers use four major strategies to get clients: client referrals, lawyer referrals, direct marketing, and other referrals. What any particular lawyer does is shaped by the geographic market from which clients are drawn, and by the lawyer's reputation. Our findings provide fresh insights for the empirical literature on plaintiffs' lawyers, and they provide an empirical context for assessing the potential impact of changes in the civil justice system, like tort reform, on the ability of plaintiffs' lawyers to obtain clients.     

Family Profile of Young Offenders Who Abuse Their Parents: A Comparison With General Offenders and Non-Offenders

This study aimed to explore the family profile of adolescent-to-parent abuse cases. Concretely, this paper examines whether or not there is a different family profile of parent-abuse offenders compared with other types of offenders and with non-offender adolescents. The sample included 90 adolescents who were clustered into three groups (parent-abuse offenders, other type of offenders, and non-offender adolescents). Participants completed measures of quality of communication with parents and parents’ educational styles. They were also evaluated using a brief interview with questions about family structure. Results indicate offenders who assault their parents have a different family structure and dynamics. Differences were found concerning the type of household, family size, and family incomes. In addition, parent-abuse offenders reported a lower quality of communication with both parents perceiving them as less warm, more rejecting, and less inductive than did the other groups.     

Working from Inside and Outside Institutions: How Safety Audits Can Help Courts' Decision Making Around Domestic Violence and Child Maltreatment

As systems begin to work collaboratively to address the overlap of domestic violence and child maltreatment, systems‐analysis approaches are also being explored to test the effectiveness of collaborative interventions in meeting the needs of victims and their families. The institutional safety audit model is one such approach currently being explored in sites across the country. Under this model, case files of families receiving services are submitted to an analysis that compares the interventions received with the needs that were demonstrated. Though still in a formative stage, the institutional safety audit has the potential to be used by the courts as an innovative information‐gathering tool on the effectiveness of court‐ordered interventions. This article will provide a detailed overview of the safety audit model, describe how safety audits are currently being used in the field, and discuss how the courts can incorporate safety audit findings into decision‐making around domestic violence and child maltreatment.     

Getting the Big Picture on Nanotechnology Insurance Issues: Addressing Coverage Issues for Long Tail Claims Can Help Prevent Big Headaches

The possible applications of nanotechnology seem limitless and span across a wide variety of industries including manufacturing, agriculture, environment, pharmaceuticals, health care, security, information technology, communications, energy, chemicals, and even space exploration. However, the potential loss scenarios could go far beyond anything experienced to date and could bring about a new dimension in personal injury, property damage, and third-party liability risks.

Insurers and re-insurers have been keeping a close eye on the development of nanotechnology. Of particular concern is the prospect that nanotechnology may give rise to “long tail” liabilities such as the asbestos, environmental, and toxic tort liabilities that have plagued insurers, policyholders, and society in the United States. Businesses involved in any aspect of nanotechnology should be prepared for possible liabilities arising out of progressive injuries by conducting meaningful risk management and familiarizing themselves with their insurance coverage programs to avoid having big, uninsured problems if they are confronted with losses arising from nanoscale materials.     

Unintended and Unavoidable: The Failure to Protect Rule and Its Consequences for Undocumented Parents and Their Children

Parents without immigration status in the United States regularly face the threat of deportation and separation from their children. When an undocumented parent is brought to the attention of law enforcement through the child welfare system, they also face the potential of the loss of legal custodial rights to their children. The child welfare system and immigration enforcement mechanisms operate independent of one another with little regard for how actions in one can impact a parent's legal rights in the other, often permanently separating children from their parents. This article examines the particular issue of undocumented parents who are charged with the failure to protect their children from witnessing or otherwise experiencing abuse committed by a third party. It explores how such a charge, whether founded or unfounded, can result in loss of eligibility for immigration relief to which the undocumented parent would otherwise be entitled, as well as deportation of the parent and permanent separation of parent and child. These issues are situated within the larger context of the normative guideposts of both family and immigration law, namely, the best interests of the child and family unity. It identifies issues for further academic inquiry as well as tips for practitioners who may represent undocumented parents in either the family or immigration systems.

Key Points for the Family Court Community:
• Learn about the potential consequences under family law and immigration law when an undocumented parent's child is abused by a third party
• Gain strategies for planning with undocumented parents to avoid the loss of the custody of their children in the event of a sudden deportation
• Be able to identify and address particular concerns for clients who are undocumented victims of domestic violence

     

Children's Conceptual Knowledge of Lying and Its Relation to Their Actual Behaviors: Implications for Court Competence Examinations

Child witnesses must undergo a competence examination in which they must show appropriate conceptual understanding of lying and truth-telling, and promise to tell the truth. Three experiments (Ns = 123, 103, 177) were conducted to address the assumptions underlying the court competence examination that (1) children who understand lying and its moral implications are less likely to lie and (2) discussing the conceptual issues concerning lying and having children promising to tell the truth promotes truth-telling. Both measures of lying and understanding of truth- and lie-telling were obtained from children between 3 and 7 years of age. Most children demonstrated appropriate conceptual knowledge of lying and truth-telling and the obligation to tell the truth, but many of the same children lied to conceal their own transgression. Promising to tell the truth significantly reduced lying. Implications for legal systems are discussed.     

Racial Differences in Public Support for the Death Penalty: Can Racist sentiment and Core Values Explain the Racial Divide?

Prior research has established a strong and enduring “racial divide” in support for capital punishment, but little research has explored the processes that explain the racial divide. Following the lead of Unnever and Cullen (Social Forces 85:1281–1301, 2007a), this research explores whether racist sentiment and core values (individualism, egalitarianism, symbolic patriotism, and authoritarianism) can partially explain the racial divide in public support for capital punishment. The findings suggest that racist sentiment by Whites and belief in core values by Whites partially explains the racial divide in support for capital punishment.     

Funding the Cause: How Public Interest Law Organizations Fund Their Activities and Why It Matters for Social Change

Most of the work of public interest law organizations does not make money. How do these organizations survive, given the economic realities of law practice? Drawing on survey data from a national random sample of public interest law firms, we investigate how funding models vary across public interest organizations and how funding sources affect these organizations’ activities. We find funding structures have, over time, shifted away from foundation support toward government grants. Compared to other organizations, however, conservative organizations draw significantly less of their budget from federal and state grants, and significantly more of their budget from private contributions. Conservative organizations are significantly less likely than other organizations to rely on funding that prohibits engaging in class actions, receiving attorney's fees, or lobbying. Respondents reported that funding restrictions hamper their ability to negotiate favorable settlements, bring about systemic change, and represent vulnerable client communities. We close with a comparative institutional analysis of different funding models.     

Compensation for Damage Caused by Defective Drugs: European Private Law between Safety Requirements and Free-Market Values

Abstract: Within the European Union, the success of private law harmonisation is based upon the fragile balance between legal integration and protection of national traditions. In this respect, a transversal analysis of the obligation of safety established by the Directive 374/85/CEE shows that harmonisation sometimes prevails over the potential protections granted to the victims of a damage caused by defective products. On the one hand, this reduction arises from the balance between objective and subjective criteria used in evaluating the defect as defined in the harmonised text. On the other hand, it results from problems of coordination between national laws and EC law remedies. This latter difficulty is illustrated by the 25 April 2002 European Court of Justice decisions on the French experience. The paradigmatic example of the pharmaceutical sector is a clear illustration of these tensions, since it heightens free‐market values at the same time as seeking to ensure compensation for breach of health and safety of consumers.     

How staff attitude and support for inmate treatment and rehabilitation differs by job category: An evaluation of findings from Pennsylvania's Department of Corrections' employee training curriculum ‘Reinforcing Positive Behavior’

In July 2006, the Pennsylvania Department of Corrections began delivering a training session titled Reinforcing Positive Behavior to all new employees. The training educated staff about the department's philosophy on inmate treatment programming and about staff responsibilities for reinforcing treatment concepts. Findings from a survey administered immediately after the training revealed that treatment and clerical staff strongly agreed that how they treat inmates and how they behave in a correctional facility impacts inmate rehabilitation efforts, and that reinforcing positive behavior among inmates was a requirement of their profession. Also, treatment and clerical staff, more so than correctional officers, recognized that staff support of treatment programs impacted inmate rehabilitation outcomes and that staff actions and interactions with other staff and inmates can make a correctional facility a more positive place.