Abstract

http://ssrn.com/abstract=886730
 
 

Citations (4)



 


 



Fortress in the Sand: The Plural Values of Client-Centered Representation


Katherine R. Kruse


Hamline University - School of Law


Clinical Law Review, Vol. 12, pp. 501-572, Spring 2006
NYLS Clinical Research Institute Paper No. 05/06-19

Abstract:     
This article examines the history, development and theory of the client-centered approach to lawyering, which has become the most prevalent theory of lawyering taught in law school clinics. It examines the basic tenets of client-centered representation as a problem-solving approach and shows how critique and modification of the approach has spawned a diversity of lawyering models that share the basic tenets of client-centered representation but are in tension with its preferred methodology of lawyer neutrality. The article draws on theories of autonomy to help explain this tension, showing that notions of positive freedom support a range of autonomy-enhancing intervention into the decision making of others. It then proposes that client-centered representation be understood as encompassing a plurality of approaches consistent with these autonomy-enhancing interventions, and that understanding client-centered representation in this way can help to guide the exercise of a client-centered lawyer's contextualized professional judgment. It proposes a taxonomy of five approaches - holistic representation, narrative integrity, client empowerment, partisan advocacy and client-directed lawyering - and shows how these plural approaches can be used as analytical tools to aid lawyers in deciding when or how forcefully to intervene in client decision making.

Number of Pages in PDF File: 73

Keywords: client-centered, legal ethics, lawyering theory, client autonomy

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Date posted: March 26, 2006  

Suggested Citation

Kruse, Katherine R., Fortress in the Sand: The Plural Values of Client-Centered Representation. Clinical Law Review, Vol. 12, pp. 501-572, Spring 2006; NYLS Clinical Research Institute Paper No. 05/06-19. Available at SSRN: http://ssrn.com/abstract=886730

Contact Information

Kate Kruse (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
651-523-2472 (Phone)
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