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Lawyers as Counselors : A Client-Centered Approach

Lawyers as Counselors : A Client-Centered Approach - 91 edition

ISBN13: 978-0314770028

Cover of Lawyers as Counselors : A Client-Centered Approach 91 (ISBN 978-0314770028)
ISBN13: 978-0314770028
ISBN10: 031477002X
Edition: 91
Copyright: 1991
Publisher: West Publishing Co. (Law Books)
Published: 1991
International: No

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Lawyers as Counselors : A Client-Centered Approach - 91 edition

ISBN13: 978-0314770028

David A. Binder, Paul B. Bergman and Susan C. Price

ISBN13: 978-0314770028
ISBN10: 031477002X
Edition: 91
Copyright: 1991
Publisher: West Publishing Co. (Law Books)
Published: 1991
International: No
Summary

Layers as Counselors begins in Part One by examining the kinds of problems that clients typically bring to lawyers, and demonstrates that a client - centered approach is necessary if lawyers are to respond not only to problems legal aspects, but also to their economic, social and psychological dimensions.

In Part Two, the book examines the questioning and listening skills that attorneys need to gather complete and accurate information, develop and maintain client rapport, and encourage clients to participate actively in the resolution of their problems.

Part Three explores concepts and techniques for information gathering in litigation and transactional settings. In litigation the book explains how to develop a story from a client's perspective and then to probe it for evidence in the light of individual factual propositions.

In transactional matters, the book focuses on proposed business deals. It identifies the type of data that lawyers need to elicit in almost all business deals and describes a process for eliciting that data and incorporating it into draft agreements.

Part Four examines the counseling process. It develops standards, which help lawyers decide which decisions are for clients to make and which also encourage lawyers to involve clients in decision making dialogues. The goal is to allow clients to make decisions, which reflect their individual objectives and values. In the litigation context, the book explores how to counsel clients with regard to such typical decisions as whether or not to initiate suit, undertake discovery, and settle. In the business deals context, the book examines counseling clients about agreements individual provisions as well their overall soundness.

Part Four also examines how and when lawyers may give their views about what clients should do in ways that preserve clientsautonomy. In addition, it explains how and when a lawyer may intervene in the decision - making process when clients' decisions appear to be based on mispredictions or on values that the lawyer considers "immoral".

The book also includes suggestions to help lawyers deal with problematic clients, such as those who are severely stressed, reluctant to talk, or angry and hostile.

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