TY - JOUR
T1 - 'He did everything he possibly could for me': medical malpractice claimants experiences of lawyer-client relations
AU - Melville, Angela
AU - Stephen, Frank
AU - Krause, Tammy
PY - 2014/5/4
Y1 - 2014/5/4
N2 - 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.
AB - 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.
UR - http://www.tandfonline.com/doi/pdf/10.1080/09695958.2015.1025791
UR - http://www.scopus.com/inward/record.url?scp=84929045624&partnerID=8YFLogxK
U2 - 10.1080/09695958.2015.1025791
DO - 10.1080/09695958.2015.1025791
M3 - Article
SN - 0969-5958
VL - 21
SP - 171
EP - 193
JO - International Journal of The Legal Profession
JF - International Journal of The Legal Profession
IS - 2
ER -