NCJ Number
66181
Journal
Law and Society Review Volume: 14 Issue: 1 Dated: (FALL 1979) Pages: 115-171
Date Published
1979
Length
57 pages
Annotation
THIS STUDY OF THE IMPACT OF CONSUMER PROTECTION LAWS ON THE PRACTICE OF WISCONSIN LAWYERS INDICATES THAT LAWYERS FOR INDIVIDUALS TEND TO KNOW LITTLE OF THE PRECISE CONTOUR OF CONSUMER PROTECTION LAW.
Abstract
THE CONVENTIONAL MODEL OF THE PRACTICE OF LAW VIEWS LAWYERS AS THOSE WHO APPLY LEGAL RULES IN THE SERVICE OF CLIENT INTERESTS, CHECKED ONLY BY THE CONSTRAINTS OF THE ADVERSARY SYSTEM. THIS IS SEEN AS AN OVERSIMPLIFICATION. LAWYERS MOST OFTEN SERVE AS MEDIATORS BETWEEN BUYER AND SELLER, RELYING ON GENERAL NORMS OF FAIRNESS AND GOOD FAITH. LAWYERS FOR BUSINESSES ARE MORE LIKELY TO MAKE USE OF THE LAW, BUT THEY ARE SELDOM CALLED ON TO DEAL WITH PARTICULAR DISPUTES. LAWYERS' OWN VALUES AND INTERESTS ARE REFLECTED IN THE WAY IN WHICH THEY REPRESENT CLIENTS. AS A RESULT, REFORM LAWS WHICH CREATE INDIVIDUAL RIGHTS ARE LIKELY TO HAVE ONLY SYMBOLIC EFFECT UNLESS INCENTIVES ARE DEVISED TO MAKE THEIR VINDICATION IN THE LONG-RANGE INTEREST OF MEMBERS OF THE BAR. MOREOVER, AN UNDERSTANDING OF THE MANY ROLES PLAYED BY LAWYERS ALSO REQUIRES A MORE EXPANDED PICTURE OF PRACTICE. THE PICTURE OF THE LAWYER AS LITIGATOR IN THE ADVERSARY SYSTEM MAY ITSELF SERVE LARGELY SYMBOLIC FUNCTIONS. RESEARCH FOR THE ARTICLE WAS BASED ON IMPACT OF THE MAGNUSON-MOSS WARRANTY ACT IN WISCONSIN WHICH WAS HERALDED AS AN IMPORTANT VICTORY OF THE CONSUMER PROTECTION MOVEMENT, AND INVOLVED INTERVIEWS WITH 100 WISCONSIN LAWYERS. REFERENCES ARE GIVEN. (AUTHOR ABSTRACT MODIFIED)