NCJ Number
84885
Journal
Capital University Law Review Volume: 11 Issue: 3 Dated: (Spring 1982) Pages: 419-443
Date Published
1982
Length
25 pages
Annotation
This article reviews studies which focus on lawyer incompetency and its cures, with special attention directed to the use of evidence and trial preparation skills.
Abstract
Chief Justice Burger began his attacks on the quality of trial advocacy skills, in particular, and the competence of lawyers, in general, in 1967. Burger and Judge Kaufman served to provide the initial impetus for a critical examination of the quality of trial advocacy in America. Kaufman's committee released a report in 1974, which noted that lawyers lack basic knowledge concerning the trial of cases, come into court unprepared, fail to obey court rules, fail to observe courtroom courtesy and decorum, and accept cases beyond training capabilities. Subsequent studies have generally confirmed these findings. Proposed solutions to the problems of lawyer incompetence include more relevant bar admission requirements, mandatory continuing legal education, certification and specialization of attorneys, bar association review, and changes in the law school educational programs to emphasize trial advocacy, clinical courses, and evidence collection and use at trial. These studies should provide a basis from which competent lawyering can be broken down into its component skills. The article provides 114 footnotes.