Law and Strategy in the Divorce Lawyer's Office

TLDR

The study is based on tape‑recorded observations of about 115 lawyer‑client conferences. The paper examines lawyer‑client discourse in a single conference, focusing on three key themes. Observations were conducted in California and Massachusetts, analyzing three themes: the legal system and its actors, negotiation versus trial, and the legal construction of the client. The study finds that these themes reflect prevailing legal ideologies and shape case development and management.

Abstract

In the research from which this paper is derived, we have observed and tape-recorded approximately 115 lawyer-client conferences. Our observations were made in two sites, one in California and one in Massachusetts. In this paper we take an in-depth look at the nature of lawyer-client discourse by focusing on one conference. We explore three of the most important themes in that discourse. First is the discussion and characterization of the legal system and its major actors. Next is the exploration of the advantages and disadvantages of disposing of disputed issues through negotiation or trial. Finally, the third theme involves the “legal construction of the client,” where a lawyer and client discuss rules of relevance that govern the legal process as well as the aspects of the client's experience that are to be the subject of legal inquiry. The paper concludes by exploring the way each of these themes expresses or embodies prevailing legal ideologies and influences the way cases develop and are managed.