NCJ Number
59958
Journal
Cleveland State Law Review Volume: 27 Issue: 2 Dated: (1978) Pages: 157-171
Date Published
1978
Length
15 pages
Annotation
ALTHOUGH PROBLEMS WITH THE QUALITY OF LEGAL ADVOCACY DO EXIST IN THE FEDERAL COURTS, THIS ARTICLE INDICATES THAT MANY OF THE PROPOSED REFORMS ARE THEMSELVES UNDESIRABLE.
Abstract
THE PROPOSALS OF THE DEVITT COMMITTEE FOR THE IMPROVEMENT OF THE FEDERAL BAR DO ADDRESS THE IMPORTANT ISSUES OF EFFECTIVE COUNSEL AND ADEQUATE REPRESENTATION, BUT MANY SUGGESTIONS WOULD CURE ONLY A FEW OF THE PROBLEMS IN THE LEGAL SYSTEM, WOULD REQUIRE A GREAT DEAL OF TIME AND ENERGY, AND WOULD DIVERT THE LEGAL PROFESSION FROM ITS CENTRAL TASK OF BETTER SERVING THE PUBLIC. THERE IS NOTHING INHERENTLY WRONG WITH INCREASING EDUCATION AND INCREASING EXPERIENCE, BUT THE PROPOSALS FOR CLINICAL EXPERIENCE FOR LAW STUDENTS, AND TRIAL REQUIREMENTS FOR FEDERAL LAWYERS MAY BE IMPRACTICAL AT BEST, AND MAY ONLY PERPETUATE BAD ADVOCACY. IT IS ALSO POSSIBLE THAT THE MAJOR PROBLEM OF TRIAL PRACTICE IS NOT A LACK OF SKILLS, BUT A LACK OF COMMITMENT AND DEDICATION FOSTERED BY ECONOMIC CONSIDERATIONS. CHANGES IN LAW SCHOOL CURRICULA MAY THEN INVOLVE IMPROVEMENTS IN BASIC WRITING SKILLS AND ATTITUDES, AS WELL AS EMPHASIS ON THE ABILITY TO ANALYZE AND SYNTHESIZE LAW AND FACTS. CLARIFICATION IS REQUIRED CONCERNING WHETHER THE PROBLEMS WITH THE TRIALS SYSTEM ARE THE RESULT OF INADEQUATE LAWYERING, OR THE RESULT OF A SYSTEM THAT HAS GROWN TOO COMPLEX AND CANNOT FULFILL THE DEMANDS OF THE PUBLIC. EFFORTS TO MONITOR THE LEGAL PROFESSION MAY DEAL ONLY WITH FORMALISTIC REQUIREMENTS WHICH DO NOT IMPROVE THE QUALITY OF SERVICE. FOOTNOTES ARE PROVIDED. (TWK).