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The New Lawyer Julie Macfarlane talks with Phil Hart, June 2008. (32 minutes)
Julie Macfarlane discusses the extensive research presented in her new book: The New Lawyer: How Settlement is Transforming the Practice of Law.
About the book: An adversarial “client warrior” image dominates historical notions of the lawyer, and a commitment to “zealous advocacy” remains one of the core norms of the legal model. Yet structural changes within both the justice system and the legal profession have rendered the “warrior” notion outdated and inadequate, with a shift toward conflict resolution rather than protracted litigation.
The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts drawn from Canadian and American legal literature as well as from her own empirical research. The result is a thought-provoking exploration of the increasing impact of alternative, consensus-seeking strategies on the lawyer-client relationship, as well as on the legal system itself.
The New Lawyer will be of interest to lawyers, law professors, law students, members of professional regulatory bodies, mediators, justice officials, and anyone who works with lawyers.
Julie Macfarlane will be talking about her book, The New Lawyer, in her keynote address at the National Mediation Conference on Wednesday 10 September. Julie will also be part of a hypothetical chaired by Professor Nadja Alexander: No borders to justice? The regulation of mediation around the world at 9.30am on Friday 12 September.
Julie Macfarlane PhDis a professor in the Faculty of Law at the
University of Windsor.
Julie has been a mediator (of workplace, organizational, community, contract, and personal injury matters) for more than 10 years. She has special expertise in dispute resolution program evaluation and conducts qualitative research on various aspects of the impact of conflict resolution on professional practices. In 2005 she was the first Canadian recipient of the International Academy of Mediators' Award of Excellence, presented annually to an individual mediation practitioner.
Over the past 10 years, Julie has provided mediation training for legal practitioners, law students, civil servants, union and management groups, aboriginal council members, legal aid workers, and health care professionals.
Julie has been appointed on three occasions to report to the Canadian government (both federal and provincial levels) on dispute resolution policies and programs, and her work has been relied upon in the formulation of dispute resolution policy including legislation and rules of civil procedure. In 2003, she was Virtual Scholar in Residence at the Law Commission of Canada and was the principal author of the Law Commissioner's 2003 policy paper (“Transforming Relationships Through Participatory Justice”) presented to the Minister of Justice.
Julie is widely published in major dispute resolution and law journals . Her most recent book is The New Lawyer: How Settlement is Transforming the Practice of Law (UBC Press). She is also author of Dispute Resolution: Readings and Case Studies, 2nd Ed. (2003).
Julie earned her Ph.D. in 1988 from the University of South Bank and her LL.M. in 1984 from London University .
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