Teaching Choral Concepts

Review

. . . And Justic For All? is a penetrating critique of the American legal system on the state and lower court level. The author, who's been aptly called "the rebel barrister," points to a broad range of problems and carefully documents his observations.

In exposing these inequities, the author takes on a formidable foe: the American Bar Association and its affiliates, which is, in his words, "a gentleman's club." He carefully supports his assertion that practices and procedures of the ABA foster injustices in many instances, and that the association tends to discipline lawyers brave enough to challenge the status quo of today's legal system. The decisions controlled by the ABA are awesome, Mr. Sullivan shows--ranging from who is admitted to law school to whos is appointed to the U.S. Supreme Court. And he asserts that the powers that be in the ABA are the "fat cats" of the profession: the corporation lawyers, Sullivan says, who are far removed from the lower courts in which Americans seek justice--and find it wanting.

But John Sullivan's dissenting opinion goes far beyond the ABA. He takes aim at the loopholes in the judicial system, the misfits among those who administer it, the law school professors who teach law without practicing it, the fallacies in the jury system, the admixture of politics and juriprudence, and the unjustiness of capital punishment. Judges are subjected to Sullivan's censure, as are manipulative insurance adjusters.

In the book's concluding section, Sullivan makes a series of powerful recommendations for change which summarize the concerns he has examined and documented.

. . . And Justice For All? will be read nationwide by many, both outside and within the legal profession, who are concerned with the needed reforms in America's legal system. Everyone will ponder the issues it raises, and add their voices to the growing multitude seeking legal reforms and equitable treatment for all under the law.

Table of Contents

Preface, 11
Why This Book Was Written
The Need for Changes in America's Legal System
Law Schools Fail to Prepare Students Adequately for the Practice of Law
The American Bar Association--the "Gentleman's Club"
The Cult of the Robe
The Jury System and Low-quality Justice
Flaws in the Criminal System
Basis of the Author's Perspective

PART I--A CRITIQUE OF AMERICA's LEGAL SYSTEM

I: The ABA: Overlords of Lawyering, 21
Formation of the American Bar Association
Restrictive Membership Practices
Biased Control Through the Canons of Ethics
Elite Control Over Rank-and-File Lawyers
Millions Spent in Lobbying
"Ambulence Chasing" vs. "Corporation Chasing"
A Self-perpetuating Clique
Opposition to Advertising and Price Competition
Resistance to Legal Self-help Materials
Control of America's Legal Education System
The Axe Falls on Men of Authoroty

II: The Judiciary--The High Priests of the Legal System, 36
The Awesome Powers Held by Trial Judges
Potential for "Twisting" the Law
What Makes a Good Judge?
The Challenge of Maintaining Neutrality
The Process of Judging
Should Judges Be Selected or Elected
The Ethics of Judicial Court
Examples of Improper Judicial Behavior
Speeding the Cause of Justice
Refraining from Political Entanglement
Problems of Personal Bias
The Delicate Issue of Criticizing the Lower Courts

III: Appellate Courts--The Red Barons
The Power of Appellate Court Justices
Correcting Trial Court Errors and Developing the Law
The Slim Possibility of Winning an Appeal
The Decreasing Impact of "Harmless Error"
The Role of Oral Argument
Selecting Appellate Court Judges
Who Drafts the Opinions?
Five-minute Decisions
Types of Appellate Opinions
The Weakness of the "One-man" Opinion Approach
Precedent--Blind Adherance to the Past
Development of the Law
Contributing Negligence

IV: The Veniremen: Juries and Justice
The Challenges of Jury Service
Establishment of Juror Rights: An English Trial in 1670
The Origins of Trial by Jury
The Magna Charta and the Statute of Westminister, the First
Juries in American Colonies
Trial by Jury Today
An Essential Element: The Judge's Instructions to the Jury
Trials: Jury's Awards Related to Community Size
Theories of Jury Selection
Influencing Jury Verdicts
"Ridiculous" Jury Verdicts

V: The Criminal Law Jungle
The Complex Problems of Criminal Law
The Prosecutor's Awesome Disretionary Power
Weaknesses of the Grand Jury System
Plea Bargaining Used in Ninety Percent of Criminal Dispositions
Sentencing--Equalization of Penalty Sorely Needed
The Death Penalty--An Eye for an Eye?
Justice and the Press
Psychiatric Justice--The Insanity Plea

VI: Justice Denied, 128
Equal Justice Under Law?
Injustices Perpetrated on the Southern Blacks
Lack of Due Process of Law Brings Injustices
Erronerous Criminal Convictions
The Butternut Hollow Murder--An Example of Miscarried Justice

VII: Legal Education in America, 153
Today's Legal Training--A Cruel Hoax
Legal Training in Colonial Days
Legal Schooling in the Post Revolutionary Period
The Introduction of Langdellianism--the Case Study Method
Organization of the Association of American Law Schools (AALS)
The Case System Meets Its Critics
Legal Education in Recent Years
The Introduction of Clinical Studies
The Problems of Law School Admissions

VIII: The Ethical Challenges of Lawyering, 166
Truth in Lawyering
The Divisions or Strata of Lawyering
The Lawyer's Fees
Counseling and Coaching
The Division of Fees
The Need for Specialization and Certification
Solicitation Problems
Adversaries of the Sole Practitioner: The Insurance Companies
Hazardous Practices: Divorce Cases
The Need for Loyalty to Clients

IX: The Business Lawyers, 177
The Practice of Law--An Ultrahazardous Occupation
Advice for the Early Years
Solo, Associate, or Law Firm Serf?
Keep Your Name Before the Public
Managing Your Office
Charging For Your Services
Choose Your Office Location
Don't Trust Your Memory
Communicate With Your Clients
Working With Other Lawyers
Hone Your Competitive Edge
Rising to the Top
Avoid Prohibited Contacts
Finding New Business
Know Human Nature and Behavior
The Trial Game
Serve the Poor and Give Community Service
Dedication, Hard Work, Experience, and Professional Conduct
Building Monuments

X: Advice to the Layman: Considerations When Selecting a Lawyer, 193
Choose with Care
Choose a Specialist for Major Problems
Warning Signs to Avoid
Look for a Strong Ethical Foundation
Shop, and Query in Depth
Use General Practitioners for Smaller Cases
How Honest a Lawyer Do You Want?
Avoid Settlements Between the Lawyer and Judge
Choosing a Lawyer in Personal Injury Cases

XI: Recommendations for Reformation, 201
The Need: Scrape Off the Barnacles of Tradition
Improve the Training of Lawyers
Revise and Update Rules for Practicing Attorneys
Improve the Procedures for Selecting Judges
Eliminate or Greatly Reduce Jury Trials
Remove Abuses in the Criminal Law Jungle
Reduce Plea Bargaining
Eliminate the Insanity Defense
Abolish Capital Punishment
The Administration of Equal Justice

Endnotes, 223
Index, 237

Order Information

Title:

. . .And Justice For All?--A Dissenting Opinion of the American Legal System

Author:

John C. Sullivan

Retail Price:

$ 18.98

Available:

Now

ISBN:

0-88290-330-6

Order Number (SKU):

2020

Pages:

254

Size:

6" x 9"

Binding:

Hardbound with Jacket