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1 Preventive L. Rep. 1 (1982-1983)

handle is hein.journals/prevlr1 and id is 1 raw text is: PREVENTIVE LAW REPORTER CONTENTS The Lawyer-Client Relationship.......... I An examination of the relation- ship lying at the core of law practice Editorial....... ...... A Synopsis of the Theory and Practice of Preventive Law (Part 1).......... 3 6 Thoughts about professional responsibility and the Preventive Law Practitioner Preventive Law Case Summaries Corporate Attorney-Client Privilege ................. 10 Sexual Harassment .......... 10 Auction Purchases........... 11 Defamation in Employee Terminations ............. 12 Fraud By Real Estate Agent.................... 13 Page Proofs Preventive Law For Bankers.................. Assessing Costs of Corporate Litigation ................ Sexual Harassment in Employment.............. Estate Planning: Settlement Procedures ............... Estate Planning: Individual Trustees.................. Products Liability: Duty to W arn .................... Also of Interest .......... 14 14 15 15 15 16 16 The Lawyer-Client Relationship BY JEFFREY H. HARTJE AND MARK E. WILSON A. General Observations ne of the most neglected areas in customary law school curricula is that of the lawyer-client dynamic. Although the relationship be- tween lawyer and client lies at the core of law practice, thoughtful analyses of the kinds of skills involved in developing the appropriate relationship (and even in defining what an appropriate lawyer-client relationship is) have been scarce. The lapse is a serious one, and may be in part responsible for the level of public antipathy towards the legal profession. Because a law practice is susceptible to a number of superficial success criteria, lawyers often forget what a uniquely personal and human endeavor theirs is. Although client satisfaction would undoubtedly be difficult to measure with any objectivity, ultimately it must be the final measure of success. The assertion is of course something of a self-evident one, but it is a professionally neglected area. When exposed to these concepts about a lawyer's role, many law students react with something akin to disdain. There has always been a certain currency among law students to the notion that the social scien- tists' theories and skills are either practically useless and ineffective, or, if useful and effective, bear not at all on the lawyer's role. The notion reserves a dual pedestal for what are thought the true facts of a case, and what is applicable law. Persons of that bent would do well to reflect on a trenchant observation attributed to the writer E. M. Forster: Man is an odd, sad creature as yet, intent on pilfering the earth, and heedless of the growths within himself. He cannot be bored about psychology. He leaves it to the specialist, which is as if he should leave his dinner to be eaten by a steam engine. He cannot be bothered to digest his own soul. As we begin our examination of the more human aspects of the lawyer- client relationship, yourauthors offera group of goals of the interviewing and counseling endeavor. They are necessarily set outas somewhat impre- Associate Professors of Law and Co-Directors of Clinical Education, Gonzaga University School of Law. This article is an excerpt from the authors'new book, Lawyer's Work: Basic Counseling, Advocacy and Conduct of Litigation, to be pub- lished in January, 1983, by Butterworth Legal Publishers. A BUTTERWORTH PUBLICATION JULY, 1982 VOL. 1, NO. 1

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