Economics of Law Practice
Seminar
University of Iowa College
of Law
Iowa City, Iowa
Fall 2002
Nicholas Johnson
Reading Assignments
First class session, August 29, 2002, 6:30 p.m. An overview, with emphasis on American lawyers.
Begin with the article "Legal Profession" in the Encyclopedia Britannica Online. The direct URL (from a UI computer with subscription account access) is <http://www.search.eb.com/eb/article?eu=109607>. You can also get to it from http://www.search.eb.com (search on "Legal Profession" (use the quotes), then click on the word "article" accompanying any of the cites). Note that the entire article is broken up into chunks you get to by clicking on their headings in the outline. If you would like to print it out (or see it on-screen as one continuous document) click on "Print this article" or go directly to <http://www.search.eb.com/eb/print?eu=109607>.Second class session, September 5, 2002. We begin our overview of comparative legal systems and the role of lawyers. This is designed to serve two purposes: to open our minds to a wider possible range of lawyers' roles, and to prepare you for what will, inevitably, be a much more global focus to your law practice than would have been the case 50 years ago.Although not assigned, you might enjoy for a humorous interlude and contrast, "A Short History of Lawyers."
American Bar Foundation, "The Legal Profession: Chicago Lawyers II."
You will find the American Bar Foundation Annual Reports, online, contain links to other material you may find useful in thinking about topics. Here is a link to the Year 2000 Report (click on the topics under "The Research Program").
For links to a lot of British material go to http://www.compactlaw.co.uk/.
Cynthia Losure Baraban, "Inspiring Global Professionalism: Challenges and Opportunities for American Lawyers in China." Given the fact that one out of every four persons in the world is Chinese, the likelihood of your being involved in some way with Chinese law and lawyers during the course of your lifetime is high. This article provides insights into the history of the changing role of lawyers in China, the nation's legal system, and some tips on how you can be most effective representing your clients' interests there.Third class session, September 12, 2002. There seems to be sufficient interest in solo practice that I thought we'd spend an evening talking about it. As you may know, I clerked for Justice Hugo L. Black, who started his legal career as a general practitioner in small towns in Alabama. It was what he always kind of hoped I would do on my return to Iowa, but I never did.Two single pages from the Daini Tokyo Bar Association present the mission and some of the history of lawyers in Japan -- the United States' largest overseas trading partner. Brief as it is, you will see basis for some of the characteristics of the Chinese system Baraban describes.
"Internationalization of Legal Values and Legal Practices," an ABA Foundation publication, briefly refers to Latin America, Korea, India, Hungary, Russia and South Africa.
For one of the best collection of links to global legal resources generally, be sure to check out Hieros Gamos.
I thought you might enjoy the story of his small town practice, told in his own words, in an autobiography written by "The Judge" (as family and clerks called him) and his wife, Elizabeth (Hugo L. Black and Elizabeth Black, Mr. Justice and Mrs. Black (New York: Random House, 1986), chapters 4, 5 and 6.Fourth class session, September 19, 2002. Discussion of Justice Black material, above; discussion of (and ultimate decision not to) use of "textbook" for seminar and (adopted) plan for participants' leading discussion of material related to research papers.There is a videotape of a program/interview CBS did some years ago, "Justice Black and the Bill of Rights," from which we may watch an excerpt or two.
If I find some additional material you would find of interest -- or any of you have anything you'd like to suggest -- I'll post it later. I'm thinking, for example, of possible selections from Clarence Darrow's Autobiography or Herndon's Life of Lincoln.
Finally, the American Bar Association Journal, has an article by Margaret Graham Tebo, "Law in the Low Country," about the "civility and collegiality that in some places have become largely relics of the past," but continue in Charleston, South Carolina, where most lawyers still practice solo or in firms of three or fewer lawyers. If you are an ABA member, or otherwise have access to the Journal you can read it in hard copy. But it is also available from the ABA Web site. Go to http://www.abanet.org/, and look in the archives.
Fifth class session, September 26, 2002. See ELP02/Assignment for September 26, 2002
Sixth class session, October 3, 2002. See ELP02/Assignment for October 3, 2002
Seventh class session, October 10, 2002. See ELP02/Assignment for October 10, 2002
Eighth class session, October 17, 2002. Room used for Stephenson Competition; additional time allocated to preparation of research papers.
Ninth class session, October
24, 2002. See ELP02/Assignment
for October 24, 2002