弥合客户和公设辩护人之间的差距:引入结构化的影子方法来检查律师沟通

IF 0.7 4区 社会学 Q3 Social Sciences
Christopher M. Campbell, Kelsey S. Henderson
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引用次数: 1

摘要

越来越多的学者认为,以有效和高质量的方式代表客户应该是公设辩护人的一个关键目标,强调需要以客户为中心。除此之外,最近的研究强调,以客户为中心的方法取决于良好的沟通,因为它有助于建立更有效的律师-客户关系。然而,为了确定和改善沟通和以客户为中心的关系,必须克服包括概念化和操作化质量代表和沟通的主要障碍。在本文中,我们将介绍一种两阶段的结构化阴影方法来克服这些障碍。第一阶段包括对公设辩护人的调查,以了解律师对发展和保持与客户良好沟通的重要因素的看法。第二阶段涉及一种探索性的方法,即跟随律师与客户会面,并对客户进行调查,从他们的优势和他们对与律师沟通的总体看法出发,评估这些因素的重要性。此外,我们还演示了如何从律师和客户的角度运用这种方法来帮助理解和改善律师与客户之间的沟通。在文章的最后,我们讨论了这种方法如何有助于与质量表示相关的研究和实践的进展,并作为附录提供了用于演示该方法的工具。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Bridging the Gap between Clients and Public Defenders: Introducing a Structured Shadow Method to Examine Attorney Communication
Abstract A growing body of scholarship argues that representing clients in an effective and quality manner should be a critical goal for public defenders, emphasizing the need to be client-centered. Beyond this call, recent research emphasizes that client-centered approaches hinge on good communication as it can contribute to a more effective attorney–client relationship. However, to identify and improve communication and client-centered relationships, major obstacles must be overcome which involve conceptualizing and operationalizing quality representation and communication. In this article, we introduce a two-phase, structured shadowing method as a way to overcome these obstacles. Phase I consists of a survey of public defenders that captures attorneys’ perspectives of factors important in developing and maintaining good communication with clients. The second phase involves an exploratory method of shadowing attorneys in meetings with their clients, and administering a survey of clients to assess the importance of these factors from their vantagepoint and their overall perception of communication with their attorney. Additionally, we demonstrate how this method can be deployed to aid in understanding and improving attorney–client communication from both the attorneys’ and clients’ perspectives. We conclude the article with a discussion of how this method can help to progress research and practice related to quality representation, and as appendices we provide the tools used to demonstrate the approach.
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来源期刊
CiteScore
0.90
自引率
14.30%
发文量
29
期刊介绍: The Justice System Journal is an interdisciplinary journal that publishes original research articles on all aspects of law, courts, court administration, judicial behavior, and the impact of all of these on public and social policy. Open as to methodological approaches, The Justice System Journal aims to use the latest in advanced social science research and analysis to bridge the gap between practicing and academic law, courts and politics communities. The Justice System Journal invites submission of original articles and research notes that are likely to be of interest to scholars and practitioners in the field of law, courts, and judicial administration, broadly defined. Articles may draw on a variety of research approaches in the social sciences. The journal does not publish articles devoted to extended analysis of legal doctrine such as a law review might publish, although short manuscripts analyzing cases or legal issues are welcome and will be considered for the Legal Notes section. The Justice System Journal was created in 1974 by the Institute for Court Management and is published under the auspices of the National Center for State Courts. The Justice System Journal features peer-reviewed research articles as well as reviews of important books in law and courts, and analytical research notes on some of the leading cases from state and federal courts. The journal periodically produces special issues that provide analysis of fundamental and timely issues on law and courts from both national and international perspectives.
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