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24 Vand. L. Rev. 1213 (1970-1971)
Legal Paraprofessionalism and Its Implications: A Bibliography

handle is hein.journals/vanlr24 and id is 1227 raw text is: Legal Paraprofessionalism and Its Implications: A Bibliography* Lester Brickman** I. INTRODUCTION To understand properly both the conceptual foundation of the bibli- ography and the potential socio-legal significance of the legal parapro- fessional, it is necessary to comprehend the role of the legal profession in our democracy. The principal actors in the profession are, of course, lawyers who practice law. One facet of the practice of law is lawyering, a term that may be used to mean the invocation of the legal process to resolve competing claims. The means by which lawyer- ing services are conveyed to the consumer may be termed the legal services delivery mechanism, which is maintained by the legal profes- sion through its control over lawyers and the practice of law. The height- ening realization of the pivotal position of the lawyering process in the attainment of such democratic goals as due process and equal protection accounts in large measure for the increasing concern for the development and utilization of trained lawyers' assistants, who may be referred to generically as legal paraprofessionals.' Since claims are demands made upon decision-makers that will have impact on the distribution of values in society,2 the resolution of competing claims determines the social mapping of society. These reso- lutions are regulated through processes commonly regarded as legal * Much of this bibliography was assembled from July 1970 through March 1971 while performing a consulting contract with the Ford Foundation that culminated in the preparation of a confidential report. The author wishes to express his appreciation to the Government and Law Division of the Ford Foundation for the opportunity to examine closely the legal paraprofessional field. ** Professor of Law, University of Toledo College of Law. B.S. 1961, Carnegie-Mellon University; J.D. 1964, University of Florida; LL.M. 1965, Yale University. 1. See generally Brickman, Expansion of the Lawyering Process Through A New Delivery System: The Emergence and State of Legal Paraprofessionalism, 71 COLUM. L. Rav. 1153 (1971). 2. A more detailed analysis of the values of democratic society is contained in McDougal, The Comparative Studj, of Law for Policy Purposes: Value Clarification as an Instrument of Democratic World Order, 61 YALE L.J. 915 (1952). McDougal includes in a listing of democratic values the wide sharing of power, both formal and effective, including participation in the proc- esses of government and of parties and pressure groups, and equality before the law. Id. at 916. See also McDougal, Perspectives for an International Law of Human Dignity, 1958-1959 in AMI. Soc. OF INT'L LAW PROCEEDINGS 107 (1959) (address to the Society); Lasswell & McDougal, Legal Education & Public Policy: Professional Training in the Public Interest, 52 YALE L.J. 203, 212 (1943). 1213

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