Background & purpose of the system 1 basic institutions, processes, and players 3



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Legal Process II (Farrow) - 2021 Winter
Positive/forward looking opportunity on back of a tragic/negative past to think about what it means to be a legal professional
Commemoration Fund – Fund to recognize the event

  • Litigation and settlement process has not reflected well on the justice system as a whole, process condemned as culturally disconnected, too slow, too expensive, arbitrary, inadequate, disrespectful, humiliating, and unfeeling at each level

  • Litigation strategies: often harsh, intrusive, culturally insensitive, costly simple animating force is the motivation to win (at expense of healing process?)

    • In this context, winning means getting the best result for a client in terms of avoiding a finding of liability, avoiding the need to take responsibility, and avoiding the need to pay compensation.

    • Healing, restoring, and apologizing do not typically factor into a winning strategy that is defined in terms of successful adversarialism

  • Evidentiary and other procedural challenges and strategies: applicability of social science evidence, credibility of evidence in the context of individual claimants, relying on strict and narrow definitions of key terms


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