Contents
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Traditional Roles of Lawyers and Judges: The Zealous Advocate and the Neutral Umpire Traditional Roles of Lawyers and Judges: The Zealous Advocate and the Neutral Umpire
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New Roles for Family Lawyers New Roles for Family Lawyers
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Representing Clients in a Settlement Culture Representing Clients in a Settlement Culture
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The Lawyer as Counselor: Redefining Client Goals, Needs, and Interconnected Interests The Lawyer as Counselor: Redefining Client Goals, Needs, and Interconnected Interests
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The Lawyers as Dispute Resolution Advocate: Supporting Client Self-Determination The Lawyers as Dispute Resolution Advocate: Supporting Client Self-Determination
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The Lawyer as Planner: Preventing Conflict and Harm The Lawyer as Planner: Preventing Conflict and Harm
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The Lawyer as Healer: Restoring and Improving Family Relationships The Lawyer as Healer: Restoring and Improving Family Relationships
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Lawyers as Dispute Resolution Neutrals Lawyers as Dispute Resolution Neutrals
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New Roles for Judges New Roles for Judges
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Judges as Problem-Solvers and Interdisciplinary Team Members Judges as Problem-Solvers and Interdisciplinary Team Members
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Judges as Settlement Advocates Judges as Settlement Advocates
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Judges as Case Managers Judges as Case Managers
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Implications of New Roles for Lawyers and Judges Implications of New Roles for Lawyers and Judges
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Conclusion Conclusion
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5 From Gladiators and Umpires to Problem-Solvers and Managers
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Published:June 2015
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Abstract
This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While lawyers continue to represent clients in the new paradigm, they are called on to do so in different or expanded ways. The current regime invites lawyers to assume new roles as facilitators and dispute resolution neutrals. Similarly, while judges continue to adjudicate the small percentage of family cases that go to trial, they have also taken on expanded roles as team leaders, managers, and therapeutic agents. These changes reduce the distinctions between judging and lawyering, and blur the roles of judges and attorneys; they also challenge existing ethical norms for both lawyers and judges.
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