Lawyers are obliged to act in the interests of their clients, however, it is not clear how lawyers should do this in practice. Should lawyers follow their clients' instructions without deviation, should they actively manage their clients' expectations, or as many studies suggest, do lawyers place their own interests first? This paper examines how lawyers interact with medical malpractice claimants. It reveals that lawyers take a client-aligned approach, where lawyers acknowledge their client's goals, but do not necessarily do what the client says. We argue that this approach is made necessary by legal and organisational constraints which limit the ability of lawyers to produce the types of outcomes that their clients want.
Personal Action Plans (PAPs) have been used to encourage client self-management within healthcare services, and are a novel innovation within legal services. This paper examines the use of PAPs by publicly funded family lawyers in England and Wales. It was intended that PAPs were written collaboratively between lawyers and clients in order to assist clients to clarify and resolve issues independently, and aid referrals to other service providers. Whereas self-management initiatives work best when service providers take a client-aligned approach, our research demonstrates that the PAPs were used as a means of managing clients’ expectations. We conclude by suggesting that while PAPs and other forms of self-management tools may work well in healthcare, they have limited potential in the provision of legal services for family law clients.
Law Reform Commissions are permanent bodies which operate in common law countries, and are charged with the task of recommending law reform. The Commissions conduct research into the need for law reform, and it appears this research is guided by a common set of broad principles. A comparison of the ways in which the New Zealand Law Commission and the recently defunct Law Commission of Canada put these principles into practice reveals that different Commissions use different approaches when putting these principles into practice.These different approaches reflect the ways in which the role of law within society and the role of the Law Commissions in shaping the law are conceived. For some Commissions, legal reform is a technical process driven by a desire for increased efficiency and effectiveness. For other Commissions, legal reform is seen as directing, rather than merely reflecting, social and legal norms, and is self-consciously aimed towards achieving the goals of social justice.
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