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Rosenthal, Emma

doi:10.2307/j.ctt20p58vx.21

Cited by 12 publications

(12 citation statements)

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“…40 In addition, the lawyers who had carried out interviews were asked immediately afterwards to consider how well they felt the interviews had gone, including their communication with the client, the advice they had given, how satis® ed they thought the client had been with the interview and their perceptions of the degree of shared control between lawyer and client in the interview. 41 The clients were similarly questioned, using standard forms immediately after the interviews, about their Downloaded by [North Dakota State University] at 14:04 04 November 2014 perceptions of how the interview had gone, thus enabling a direct comparison of both parties' reactions.…”

Section: Methodsmentioning

confidence: 99%

The value of experience in legal competence

Sherr¹

2000

International Journal of the Legal Profession

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This article considers the importance of experience in providing competence for legal practitioners in the skill of client interviewing and counselling. Previous research carried out within a laboratory setting 1 developed a system of assessment, which is used in this research to monitor the work of a number of lawyers across a range of experience carrying out real client interviews in their own offices. It is then possible to compare the performance of experienced practitioners against the inexperienced.The "real life" lawyers assessed in this study provide much richer contextual detail than in laboratory settings. The nature of the offices, the work carried out, the details of reception area and age and social background of lawyers and clients can be compared and all of these measured against the competence of the lawyers shown.The value of experience in the practice of legal skills can then be considered and compared with the likely value of directed training methods such as those to be used in the new Law Society Finals, the "Legal Practice Course". Learning By ExperienceThe new system of training for solicitors suggests a change of approach which will involve the teaching of lawyering skills at the postgraduate level. This will be followed up by a Professional Skills Course in articles and a programme of compulsory continuing legal education intended to provide law and skills `top-up' throughout a practitioner's career. 2 For most lawyers, however, formal training in legal skills such as interviewing has not existed and any ability or knowledge has been picked up on the job through the experience of watching others, or carrying out the work itself. Indeed, a strong presumption has existed among many practitioners that experience is the only way of learning such skills. This study is intended to examine the effectiveness of the method of learning by experience alone within the context of lawyer-client interviewing, and to note where training might best be injected into this system. The notion that knowledge and practice can be learned from experience even within a controlled educational environment gained special significance during the 1960s and 1970s as a part of the movement against formalism in education. Legal education in North America, where postgraduate students had been prepared by the regime of undergraduate education, provided fertile ground for the seeds of change. "Clinical legal education" was assisted by strong judicial opinion that legal ethics could only be learned within the culture of practice and experience 3 . This view was supported by the Ford Foundation whose Council for Legal Education in Professional Responsibility funded the first clinical courses in nearly all law schools in the United States 4 . The intention of such courses was partly to provide the practical legal education which was seen as lacking in the non-apprentice based system for legal qualification in North America. It was also seen as a method of transmission of knowledge and ideas which compared favourably with the...

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Section: Methodsmentioning

confidence: 99%

The value of experience in legal competence

Sherr¹

2000

International Journal of the Legal Profession

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“…Rosenthal, Groze, and colleagues employed two measures of adoption outcome: the parent's level of satisfaction and the measurement of family cohesion (parent-child relationships) as scored from a five-point scale assessing trust, communications, respect by the child, closeness of relationship, and "getting along." 46 The adoption's impact on the parents was rated as "very positive" in 58% of the minority inracial group and in 53% of the transracial group, a difference that was not considered significant. The parent-child relationship scores revealed that family cohesion was greater in the minority inracial group than in the transracial group and that the difference was statistically significant.…”

Section: Transracial Adoptees Do Not Deny Their Racial Identificationmentioning

confidence: 97%

Outcomes of Transracial Adoption

Silverman¹

1993

The Future of Children

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In the United States, the first transracial adoption placements in substantial numbers were of Japanese and Chinese children following World War II. During the 1950s, after the Korean War, Korean children were adopted by American families in large numbers. In the late 1960s and early 1970s, more than 10,000 African-American children were adopted by white parents. Subsequently, however, this practice decreased dramatically in response to strong condemnation by many African-American social workers and others.Research on transracial adoption indicates that most minority children in transracial placement adjust very well to their mixed-race environments. Delay in placement and preplacement physical and emotional problems have a negative impact on the development and adjustment of these children. Most transracial adoptees have a sense of identity with their racial heritage, but the strength of this identity depends, to a large degree, on the commitment of the adoptive parents to foster it.In view of the growing number of minority children in need of permanent homes, it is urged that transracial adoption be retained as one viable alternative.

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“…20 This is where Pragmatism comes into its own; for one possible reading of Pragmatism is that this tradition carves out and occupies an intermediary space between foundationalism and anti-foundationalism. 21 Pragmatism's relationship to foundationalism is, as often the case with Pragmatism, complex and open to a myriad of interpretations. Pragmatists do not seem to be committed to the discovery of fixed foundations of knowledge, and yet Pragmatism is not antifoundationalist either.…”

Section: Pragmatism As Quasi-foundationalismmentioning

confidence: 98%

The Truth About Rights

Bufacchi

2008

Journal of Human Rights

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Arguably the biggest challenge facing theories of rights today comes from moral sceptics of all persuasions who are constantly singing the praises of anti-foundationalism, and in so-doing undermining the validity of human rights. This article has two principle aims: to show how different theories of rights tend to presuppose related theories of truth and to argue how Pragmatism, as a theory of truth and a theory of rights, can provide human rights with the foundations it desperately needs.Parts I and II will show how the two major schools of thought

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Cited by 12 publications

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The value of experience in legal competence

The value of experience in legal competence

Outcomes of Transracial Adoption

The Truth About Rights

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