We Don't Care about What Happened, We Only Care about What Is Going to Happen: Lawyer-Client Negotiations of Reality

Hosticka, Carl J.

doi:10.2307/800044

Cited by 83 publications

(24 citation statements)

References 13 publications

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“…While over three-quarters of the interruptions of the dient's speech occurs in mid-utterance, reflecting the lawyer's bid for control, 70% of the interruptions of the lawyer's speech occur at the end of her utterances, most likely indicating active cooperation by the client. Thus, studies which count overlaps äs power markers without taking account of the differences in the type of iriterruption (e.g., Leet-Pellegrini, 1977;Hosticka, 1979) have probably ignored an important element of conversational turn-taking behavior.…”

Section: Structural Featuresmentioning

confidence: 98%

Challenge and control in lawyer-client interaction: A case study in an Israeli Legal Aid office

Bogoch¹,

Danet²

1984

Text - Interdisciplinary Journal for the Study of Discourse

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In contrast to the traditional depiction of lawyers äs providing loyal disinterested Service to clients, analysis of one lawyer-client interaction in a legal aid office revealed that the lawyer used language to control the dient's presentation of the case t and to define it in terms of convenience to the organization rather than the expressed wishes of the dient. Three types of linguistic strategies relating to the control oftalk were examined: (l) management of structural features; (2) choice of instrumentality; and (3) management of international features. Structural strategies of interruptions and topic control served to display the lawyer's expertise, while preventing the dient from enhancing his Status. The form of the directives controlled the dient's responses, forcing him to react to the lawyer's assertions rather than servingas the primary source of Information, while the use of performatives and other elements of the formal register served to highlight the lawyer's control. Frequent challenges to the dient's adherence to the rnaxim ofquality by the use of repetitions, requcsts for outside confirmation, reformulations, repeat questions without waiting for a reply, and unfounded presuppositions combined with the other features to establish a dialogue that is very much like crossexamination.

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Section: Structural Featuresmentioning

confidence: 98%

Challenge and control in lawyer-client interaction: A case study in an Israeli Legal Aid office

Bogoch¹,

Danet²

1984

Text - Interdisciplinary Journal for the Study of Discourse

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“…Hosticka (1979). While Hosticka's research gives us some glimpses into the complexities of the mundane aspects of legal method z4 through the intersection of power and poverty (his study is conducted in a legal aid clinic), he too fails to address gender issues.…”

Section: Feminst Analyses Of Law and Gendermentioning

confidence: 99%

Legal ethnography: Exploring the gendered nature of legal method

Beaman-Hall

1996

Critical Criminology

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Beginning with the idea of law as discourse, this essay examines the ways in which legal method is gendered. Texts, such as affidavits and court forms, and local "mundane' practices are part of the production and affwmation of the law as a producer of truth. A possible methodology for exploring legal method, "legal ethnography,' is introduced as a means by which we might explicate how legal method works to support and reify legal discourse, in the process silencing the voices of women. The essay also explores how legal method comes to be accepted as a "tool of the trade" by lawyers, who then use it to translate the primary narrative of the client into a cause of action that is comprehensible to lawyers, judges, and other actors in the legal system. Finally, the limitations of the proposed methodology are considered.

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“…Lawyers have been shown to restrict the engagement of clients to the provision of factual information, limit discussion to a narrow focus on legal issues, only involve clients in decision-making when it is absolutely necessary, and present a limited range of options (e.g. Blumberg, 1967;Skolnick, 1967;Rosenthal, 1974;Hosticka, 1979;Bogoch & Danet, 1984;Simon, 1988;Mather et al, 1995;McConville & Mirsky, 1995;Pepper, 1995;Michelson, 2006;Kozin, 2007;Melville & Laing, 2008, 2010.…”

Section: Introductionmentioning

confidence: 99%

“…Mather (2003) also argues that lawyer -client relations are likely to be context dependent, and that lawyers working in similar legal fields develop shared norms of professionalism. For instance, lawyers working with vulnerable clients, especially those who are unable to pay for legal services, are more likely to dominant their clients (Wexler, 1970;Handler, 1978;Hosticka, 1979;Flemming, 1986;Southworth, 1995;Hunter et al, 2000) compared to lawyers representing corporate clients (Handler, 1978;Nelson, 1985;Spangler, 1986;Cain, 1994;Liu, 2006). According to Carle (2006), the relative power between lawyers and clients is an essential component of the context which shapes lawyer practice, and power relations need to be taken into account when developing norms of ethical legal practice.…”

Section: Introductionmentioning

confidence: 99%

“He did everything he possibly could for me”: medical malpractice claimants’ experiences of lawyer–client relations

Melville

Stephen

Tammy

2014

International Journal of the Legal Profession

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Lawyers are obliged to act in the interests of their clients, however, it is not clear how lawyers should do this in practice. Should lawyers follow their clients' instructions without deviation, should they actively manage their clients' expectations, or as many studies suggest, do lawyers place their own interests first? This paper examines how lawyers interact with medical malpractice claimants. It reveals that lawyers take a client-aligned approach, where lawyers acknowledge their client's goals, but do not necessarily do what the client says. We argue that this approach is made necessary by legal and organisational constraints which limit the ability of lawyers to produce the types of outcomes that their clients want.

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We Don't Care about What Happened, We Only Care about What Is Going to Happen: Lawyer-Client Negotiations of Reality

Cited by 83 publications

References 13 publications

Challenge and control in lawyer-client interaction: A case study in an Israeli Legal Aid office

Challenge and control in lawyer-client interaction: A case study in an Israeli Legal Aid office

Legal ethnography: Exploring the gendered nature of legal method

“He did everything he possibly could for me”: medical malpractice claimants’ experiences of lawyer–client relations

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