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Pitfalls Ahead: A Manifesto for the Training of Lawyers


Anita Bernstein


Brooklyn Law School

August 2009

Brooklyn Law School, Legal Studies Paper No. 161

Abstract:     
Entrants joining the legal profession are entitled to fair warning about what they are getting into. Accounts of lawyers' heroism, triumph, and reformist energy continue to inspire young people to pursue this profession, and they should. But before they represent a client, newcomers need to be informed about pitfalls, the complement to power: how lawyers lose their licenses, face liability for malpractice and breach of fiduciary duty, see their work performance deemed not competent or not "effective" under the Sixth Amendment, struggle against judges, become disqualified from representing particular clients, and forfeit some freedoms of speech and association. Learning about pitfalls enables lawyers not only to protect themselves should they encounter danger, but also to advance what is good for their clients and the public.

This Essay examines lawyers' pitfalls with an eye to their vocational and theoretical interest, gives examples of pitfalls-related teaching and learning strategies already present (but not always visible) in the American legal curriculum, and integrates this perspective with other approaches to lawyers' professional responsibility.

Number of Pages in PDF File: 41

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Date posted: July 18, 2009 ; Last revised: December 12, 2012

Suggested Citation

Bernstein, Anita, Pitfalls Ahead: A Manifesto for the Training of Lawyers (August 2009). Brooklyn Law School, Legal Studies Paper No. 161. Available at SSRN: http://ssrn.com/abstract=1432461 or http://dx.doi.org/10.2139/ssrn.1432461

Contact Information

Anita Bernstein (Contact Author)
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States

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