LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR
LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR
WILLIAM GOLDMAN 10/3J2011For Educational Use OnlyLAWYERS, NON LAWYERS AND MEDIATION:..., 7 Harv. Negotiation L....7 Harv. Negotiation L. Rev. 235Harva LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PRard Negotiation Law Review Spring 2002ArticleLAWYERS. NON-LAWYERS AND MEDIATION: RETHINKING THE PROFESSIONAL MONOPOLY FROM A PROBLEM-SOLVING PERSPECTIVEJacqueline M. Nolan-Ha leyalCopyright c 2002 Harvard Negotiation Law Review; Jacqueline M. Nolan-HaleyAbstractMediation is a big business today that LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR Is practiced by lawyers and non-lawyers, and is closely related to the business of law. Lawyers have a long-standing monopoly on the law business andLAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR
do not look favorably on sharing their power with nonlawyers. This phenomenon is odd because It occurs at the same time that the legal profession is WILLIAM GOLDMAN 10/3J2011For Educational Use OnlyLAWYERS, NON LAWYERS AND MEDIATION:..., 7 Harv. Negotiation L....7 Harv. Negotiation L. Rev. 235Harva LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PRnes. Lawyers protect their professional monopoly through the unauthorized practice of law (“L'PL”) doctrine that limits the practice of law to licensed professionals who have satisfied educational and moral requirements and have been admitted to state bars. The organized bar's use of UPL regulations LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR to suppress competition from non-lawyer mediators has caused tensions and turf battles that inhibit the high-quality development of mediation as a prLAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR
ofession. As a result, the public, especially unrepresented parties, lose out. In this Article, I call for a moratorium on mediation turf battles, andWILLIAM GOLDMAN 10/3J2011For Educational Use OnlyLAWYERS, NON LAWYERS AND MEDIATION:..., 7 Harv. Negotiation L....7 Harv. Negotiation L. Rev. 235Harva LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR between the legal profession and the emerging mediation profession that leaves non-lawyer mediators across the country unsure of where they stand. I describe the legal profession’s traditional weapon against non-lawyer competition, the UPL doctrine, and *236 show that the consumer protection ration LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PRale for L’PL regulation is a myth.I then demonstrate the empirical reality of mediation practice, how it often slides into the practice of law. and diLAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR
scuss the variety of ways that non-lawyer mediators pretend they are not engaged In law practice in order to protect themselves from UPL exposure. 1 cWILLIAM GOLDMAN 10/3J2011For Educational Use OnlyLAWYERS, NON LAWYERS AND MEDIATION:..., 7 Harv. Negotiation L....7 Harv. Negotiation L. Rev. 235Harva LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PRut, rather how we should regulate it and protect parties in ways that safeguard the core values of both the legal profession and the emerging mediation profession.Finally. I sketch a proposal that would modify UPL regulations to allow non-lawyer mediators more freedom in mediation practice and that LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PRwould encourage the legal profession to respond to the needs of the emerging mediation profession bycontributing its unique expertise in ethics develoLAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR
pment. Introduction237Part I The Problem of Blurred Boundaries240I.ADR as “Law Business"241A.Conflict Resolution241B.ADR: Historical Background242c. TWILLIAM GOLDMAN 10/3J2011For Educational Use OnlyLAWYERS, NON LAWYERS AND MEDIATION:..., 7 Harv. Negotiation L....7 Harv. Negotiation L. Rev. 235Harva LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PRc. Lawyers’ Response to Problem-Solving: Integrating ADR into Law Practice2S0D. New Lawyering Roles253Vifest I Next © 2011 Thomson Reuters No claim to original U.S. Government Works.1WILLIAM GOLDMAN 10/3J2011For Educational Use OnlyLAWYERS, NON LAWYERS AND MEDIATION:..., 7 Harv. Negotiation L....E. LAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PRParadox of the Problem-Solving Culture2S4Part il Boundary Conflicts2SGI.ADR and the Practice of Law256II.The Unauthorized Practice of Law Doctrine259ALAWYERS_NON-LAWYERS_AND_MEDIATION_RETHINKING_THE_PROFESSIONAL_MONOPOLY_FROM_A_PR
.Historical Background261B.Defining UPL262c. UPL Today264WILLIAM GOLDMAN 10/3J2011For Educational Use OnlyLAWYERS, NON LAWYERS AND MEDIATION:..., 7 Harv. Negotiation L....7 Harv. Negotiation L. Rev. 235HarvaWILLIAM GOLDMAN 10/3J2011For Educational Use OnlyLAWYERS, NON LAWYERS AND MEDIATION:..., 7 Harv. Negotiation L....7 Harv. Negotiation L. Rev. 235HarvaGọi ngay
Chat zalo
Facebook