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Book Summary InformationAuthor: Carol M. Langford, Richard A. Zitrin Edition: Hardcover Audio: English (Unknown); English (Original Language); English (Published) Published: 1999-04-20 ISBN: 0345433149 Number of pages: 272 Publisher: Ballantine Books
Book Reviews of The Moral Compass of the American LawyerBook Review: A clear, engrossing, and important commentary on lawyering. Summary: 5 Stars
I am a paralegal, and have worked in the legal field for 23 years. I could not put this book down. I have been talking about it since I turned the pages of the first chapter. I recommend it to everyone; I plan to read it again, and when it is not in use, I place it in plain sight of the lawyers with whom I work. Langford and Zitrin have written an important commentary about the practice of law that is easy reading for non-lawyers without being condescending. But their book should be required reading for every lawyer. It is as if someone finally mentioned the elephant in the center of the room.How did the profession get this far afield? Clients are served less and less while more lawyers are churned out of law schools, and competition is fierce. Money talks; clients at the lower end of the economic scale get less effective counsel or simply try to solve problems without representation. The legal profession has evolved into a business to survive; but, along the way, its vision has deteriorated with regard to justice, public service, and what is morally right. The fact pattern presented at the beginning of each chapter had me guessing about its outcome as I read on regarding actual, related cases. The anecdotal evidence of injustice and moral dilemma is overwhelming. These are not just occasional news items. They are things that happen every day to lawyers and ordinary people. I loved their straightfoward and common sense proposals for solutions to make the practice of law better for everyone involved. If only the legal profession, which, as they point out, largely regulates itself, had the courage to implement them. Just read it, okay?
Summary of The Moral Compass of the American LawyerThese are perilous times for America's lawyers--and for Americans who rely on lawyers. Blatant abuses of power and trust, reckless ethical misconduct, grossly unjust billing practices, and dishonesty disguised as client confidentiality have all undermined the credibility of lawyers and imperiled the authority of the legal system. In the court of public opinion, many lawyers these days are more culpable than the criminals they defend and prosecute.
Is the public right? In this eye-opening, incisive book, Richard Zitrin and Carol Langford, two practicing lawyers and distinguished law professors, shine a penetrating light on one of the most critical issues now confronting our judicial system: legal ethics. Pick up any newspaper and you will no doubt see a heated debate between lawyers who view certain legal behavior as "ethical" and average citizens who judge that same conduct in terms of "morality." Through in-depth analysis and case studies of actual trials ranging from murder to class action suits, Zitrin and Langford go behind the headlines to investigate why lawyers behave the way they do--and what impact that behavior has on our legal system. The result is a stunningly lucid exploration of law as it is practiced in America today--and a cogent, detailed, ground-breaking program for legal reform.
Zitrin and Langford begin with a frank and fascinating discussion of a harrowing criminal case to illustrate why a defense lawyer's zealous advocacy is necessary not just to protect reprehensible clients but to ensure many of the freedoms we all enjoy. But problems arise when that same unfettered zeal is applied to the civil arena, where the power and money of large corporations can jeopardize the ordinary citizen's access to justice.
Zitrin and Langford then probe the other major legal issues of our day, including how large multinational law firms use prolonged, expensive "discovery wars" to win the majority of cases before they ever come to trial--or to the public's attention; how lawyers have turned trials into legal theater in which race, sex, and "spin" replace evidence, facts, and truth; and how lawyers have managed to turn class action suits into massive money-makers--for themselves.
But it doesn't have to be this way. In the book's powerful final chapter, Zitrin and Langford outline a concrete, workable program for changing the way law is practiced while retaining the vision and intent of the Founding Fathers. Timely, provocative, and absolutely mesmerizing, The Moral Compass of the American Lawyer is essential reading for anyone who cares about truth and justice in our society. We have all heard the derogatory jokes comparing lawyers to slimy, venomous invertebrates. And we have laughed. On the scale of public contempt, the legal profession ranks somewhere between tabloid journalists and telemarketers. What should be a good and honorable vocation is collectively vilified as devious and mercenary. In The Moral Compass of the American Lawyer, Richard Zitrin and Carol M. Langford try to explain legal ethics to nonlawyers. While they provide a vigorous defense of the American system of justice, they also note the ethical catastrophes caused by the excesses of the adversarial process. Lawyers are not paid to defend "Truth, Justice, and the American Way," the authors note; they are paid to defend their clients, and the duty of zealous advocacy sometimes pushes lawyers to work at the margins of decency. Some lawyers straddle the ethical line, or skip back and forth with impunity; others dive headlong over the edge and never return. Clients want to hire successful lawyers, of course, and the lawyers who are successful are too often the ones who are willing to ignore the boundaries of professional responsibility. The ethics of the profession seem to be defined by whatever the slickest can get away with. Nice lawyers finish last in this race to the bottom, and the victors gladly suffer the slings and arrows of popular opinion as they amass outrageous billable hours. The Moral Compass of the American Lawyer is a sweeping overview of the ethical dilemmas that face every member of the legal profession every day--whether they are a criminal defense lawyer, personal injury attorney, corporate in-house counsel, or junior associate at a 500-lawyer megafirm. The authors also provide a frank assessment of the shortcomings of the entire U.S. judicial system, from the law schools to the courtrooms, and what can be done to remedy the situation. --Tim Hogan
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