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The Importance and Implication of Communication Competence and Level of Satisfaction for Lawyer-Client Interaction in Court Cases
Abstract
It is a cross-sectional quantitative research design, within which a survey was used as a method. This paper investigates the interaction and relationship between lawyer and client during the proceeding of the court cases gender-wise. The paper further identifies the issues of importance of communication competence and satisfaction level between lawyer and client in Pakistan and suggests measures for the improvement that shall help to better the performance of lawyers for the timely execution of cases with fuller satisfaction of their clients. For this particular reason, a total of 400 clients were sampled from 14 different law firms in Lahore through the snowball sampling technique. The data was collected through a self-constructed questionnaire about communication competence and level of satisfaction. The finding revealed the difference between female and male attorneys regarding the level of communication and satisfaction. Moreover, the age and experience of the lawyer have no impact on these two levels. Suggestions have been given to improve the relationship between lawyer-client to make the legal system strong and fruitful.
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Emotion expression is a key part of trial advocacy. Attorneys are advised to gain credibility with juries by demonstrating conviction through anger expression. In 3 experiments, we tested whether expressing anger in court makes attorneys more effective and whether this depends on their gender. We randomly assigned participants (n = 120 undergraduates) to view a male or female attorney presenting the same closing argument in either a neutral or angry tone (Experiment 1). They reported their impressions of the attorney and how likely they would be to hire the attorney. People used the positive aspects of anger (e.g., conviction, power), to justify hiring an angry male attorney. Yet, they used the negative aspects of anger (e.g., shrill, obnoxious), to justify not hiring a female attorney. We replicated this effect in Experiment 2 with a community sample (n = 294). Experiment 3 (n = 273) demonstrated that the attorney anger by gender interaction generalized to perceptions of effectiveness across a set of additional attorney targets. Finally, a high-powered analysis collapsing across experiments confirmed that when expressing anger relative to when calm, female attorneys were seen as significantly less effective, while angry male attorneys were seen as significantly more effective. Women might not be able to harness the persuasive power of expressing anger in the courtroom, which might prevent female attorneys from advancing in their careers.
This text reviews the practices of gender discrimination and the role played by women in our society and attempts to point out the possible contributing factors in plight of women and heinous crimes against them in different disguises. In its course, it covers other responsible factors like socioeconomic conditions, social and religious learning and practices, and rituals. In the end, it proposes a model to provide true status to woman and making them appropriately, powerful and strong in the society.
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Cite this paper as:
Shameem, S. E., Ara A. (2011). Gender Discrimination and the Role of Women in Pakistan. Journal of Social Sciences and Humanities. 50(1). pp: 95-105. University
of Karachi.
The two most important and fundamental characteristics of any measurement procedure are reliability and validity and lie at the heart of competent and effective study. However, these phenomena have often been somewhat misunderstood or under emphasized. How productive can be any research, if the instrument used does not actually measure what it purports to? How justifiable the research that is based on an inconsistent instrument? What constitutes a valid instrument? What are the implications of proper and improper testing? This paper attempts to explore these measurement related concepts as well as some of the issues pertaining thereto.
The following excerpt is taken from Chapter 5, Moral Vision and Professional Decisions: The Changing Values of Women and Men Lawyers, by Rand Jack and Dana Crowley Jack, published by Cambridge University Press, 1989. The authors, an attorney and a developmental psychologist, base their ideas on interviews with practicing attorneys. Recent findings in developmental psychology which show that women and men often construct differing moral orientations, and the rapid increase of women entering the legal profession sparked the major questions which guide the authors’ inquiry. How does an individual lawyer’s moral perspective interact with the demands of professional role? What is the relationship between a lawyer’s personal morality and the way that person practices law, encounters conflicts in legal work, and adjusts to being an attorney? How do women and men cope with the moral cost of fulfilling the lawyer role when it conflicts with personal values? Does the law school eulogy to “think like a lawyer” say as much about the gender bias of our system as about skills inherent in doing the attorney’s job? Chapter 5, “Women lawyers: archetype and alternatives,” describes patterns observed in women's adjustment to the role of lawyer. As used in this introductory excerpt to chapter 5, “care-orientation” refers to a perspective on morality and social relations rather than to a socially defined role for women. The term “care-orientation” was first described by developmental psychologist Carol Gilligan, and denotes an ethical imperative to avoid hurt to others and to protect relationships. When this perspective encounters the rights-oriented, adversary structure of legal discourse and practice, it raises the possibility of creative challenge and change in the legal system.
The present study developed and tested an integrative model of the work-family interface. This model was applied separately to male and female subsamples to assess mean gender differences and gender differences in the links between the variables. Analyses were based on existing questionnaire data from 320 participants who were full-time professional employees of Canadian organizations. Gender differences were found in the relationship between family demands and family interference with work, while the results for family interference with work and job satisfaction, and family satisfaction and life satisfaction were equivocal. These results generally provide support for previous research indicating that an asymmetry continues to exist between men and women in their work and family roles. The limitations and practical implications of these findings are discussed. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
In this Preface, the guest editors of this special theme issue describe the new therapeutic jurisprudence–preventive law model that the issue illustrates and analyzes. They also discuss the organization of the special issue and summarize its contents. Finally, they discuss the significance of the special issue to lawyers, legal educators, and psychologists and other social scientists. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
In this Foreword, the co-guest editors of this symposium on mental health courts introduce the topic by defining the concept, describing the reasons for its inception, and noting the controversies it has provoked. It then summarizes the articles in the symposium. Finally, the editors, who disagree about the value, effectiveness, and consequences of this new model, air their differences in a dialogue designed to delineate the issues and educate the reader. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Personal injury victims involved in compensation processes have a worse recovery than those not involved in compensation processes. One predictor for worse recovery is lawyer engagement. As some people argue that this negative relation between lawyer engagement and recovery may be explained by lawyers' attitude and communications to clients, it seems important to investigate lawyer-client interaction. Although procedural justice and therapeutic jurisprudence had previously discussed aspects relevant for lawyer-client interaction, the client's perspective has been rather ignored and only few empirical studies have been conducted. In this qualitative study, 21 traffic accident victims were interviewed about their experiences with their lawyer. Five desirable characteristics for lawyers were identified: communication, empathy, decisiveness, independence, and expertise. Communication and empathy corresponded with aspects already discussed in literature, whereas decisiveness, independence and expertise had been addressed only marginally. Further qualitative and quantitative research is necessary to establish preferable lawyer characteristics and to investigate what would improve the well-being of personal injury victims during the claims settlement process.
This is a statistical study of all publicly-reported attorney disciplinary actions decided in the United States in calendar year 2000, about 3500 cases. The study concludes that female attorneys are, in fact, disciplined at a significantly lower rate than male attorneys, relative to their respective proportions in the United States attorney population, and incur less severe sanctions than their male counterparts. For example, although male and female attorneys comprised 76.4% and 23.6% of all licensed attorneys in the United States, 88.3% of the disciplined attorneys were male and 11.7% were female. The article examines the overall rates of discipline imposed, the frequency with which different types of sanctions (such as disbarment and suspension) were imposed, the frequency with which male and female attorneys committed different types of ethical violations (such as incompetence or failure to communicate with clients), and other potentially relevant differences. Regression analyses modeled from the available data suggest that gender is not a significant predictor of the length of term suspensions. The article concludes with a discussion of possible factors contributing to the gender differences that were found in the study, with attention to other empirical studies of gender and moral reasoning.
Extralegal characteristics of attorneys may play a significant role in the decision-making behavior of jurors. Presentation style, for example, is one factor to which trial lawyers pay a great deal of attention. However, a given style of speech may not be perceived equivalently when used by different speakers. The present study examined the effects of the defense attorney's presentation style and gender, and juror gender on jurors' verdicts and evaluation of the attorney and witness. Undergraduate college students read a brief summary of an assault-and-robbery case, viewed a videotape of either a passive or aggressive male or female attorney interrogating a witness, then rendered a verdict and rated the witness and attorney on characteristics such as competency, credibility, and assertiveness. The results indicated that, overall, aggressive attorneys were more successful at obtaining an acquittal for their clients than passive attorneys, and that male attorneys were more successful than female attorneys; presentation style also interacted with gender of attorney and juror. Some possible mechanisms for these effects are discussed.
Attorneys working in the area of personal injury face complex cases in addition to many potential ethical and practice hazards.
They are trained, educated, and have experience in handling and discharging their responsibilities in such cases to the best
advantage of their clients, whether plaintiff or defense, while maintaining a professional integrity and appropriate ethical
stance. Ideally, personal injury attorneys will practice from a position of virtue, serving their clients in their efforts to recover and regain their quality of life. Nevertheless, factors such as financial
and work pressures can intervene, leading to inappropriate conduct that may harm their clients and risk professional alienation
and malpractice. In the present article, seven case examples are provided that illustrate how personal injury attorneys working
for plaintiffs can act in unethical and harmful ways, ultimately endangering their practice. The article is oriented to attorneys
at all phases of their careers and includes recommendations for avoiding the types of harm and unethical practice that have
been described. Also, the article presents strategies that psychologists treating these patients can take to remedy further
emotional damage to patients.
Lawyer–client relationship is the most important aspect of professional life of lawyers. When lawyers enter into professional relation with their clients they become bound by several ethical and professional duties. These duties are a mixture of status and contract emerging out of the nature of the relationship governing lawyer and client. Observing these duties is indispensable under the rules governing standards of professional conduct for lawyers. Lot has been written about these duties and the need to observe them, but the untraded area in the literature remains some of the challenges that arise in course of observing these duties due to some equally competing issues. The lawyers often face these challenges in their professional life, but little guidance is available to address them effectively. In this context, the aim of this article is to trace some of these competing issues and challenges and discuss the legal and regulatory framework that help to address them. The article begins by exploring the issues that arise at the very formation of the lawyer–client relationship. In the second part, the article examines the issue of lawyer’s scope and authority to make decisions in legal transactions for their clients. Also it covers the issues involving extent of lawyer’s authority to take decisions on behalf of mentally impaired or minor clients. Finally, the article looks into the issues that come up during the discharge of the lawyer–client relationship. The article concludes on the note that to ensure an effective and satisfactory lawyer–client relation it is an imperative that lawyers are sensitized with these issues and the principles they can look at for their resolution.
This article addresses the debate about the significance of gender differences by analyzing patterns of interaction between lawyers and clients. It examines features of the language of lawyers and clients associated with the dominance and difference paradigms that are at the center of feminist theory. Talk characterized by dominance includes the control of discourse space, interruptions, topic control, and challenges. Features associated with a particular female "voice" include cooperative responses, affiliative requests, indirection, politeness, and the expression of emotion. Results show that women lawyers' talk is role behavior rather than gendered behavior, with little difference between men and women lawyers. Clients' speech is tempered by gender considerations, with both men and women clients expressing greater deference to men lawyers and women clients expressing cooperation and solidarity with all lawyers. It was mainly in reference to the occasional willingness to grant legitimacy to the clients' emotional concerns, as well as the stress on professional identity, that marked women lawyers' specific style of lawyering.
This is a book and I do not have a copy to share. It is available at Amazon. There is a later edition (4th) also available: Research methods in busienss studies.
A model is proposed which expresses consumer satisfaction as a function of expectation and expectancy disconfirmation. Satisfaction, in turn, is believed to influence attitude change and purchase intention. Results from a two-stage field study support the scheme for consumers and nonconsumers of a flu inoculation.
This article does not have an abstract
This working paper assembles empirical data from England, Australia and the United States indicating that individual clients do not evaluate their lawyers - as attorneys frequently assume - primarily in terms of the outcomes achieved. Rather, clients place greater weight on the quality of communication with their lawyers and are often disappointed by failure to listen carefully and explain clearly. The paper concludes with suggestive survey data that organizational clients may have similar views about the large firm lawyers that represent them. The author is the director of the Effective Lawyer-Client Communication Project and the National Institute for Teaching Ethics & Professionalism. The paper is based on a number of presentations in both the United Kingdom and the USA, most recently at the 2009 Annual Meeting of the Law & Society Association.
Effects of gender and gender-typing on communication styles were examined in 62 male and 110 female college students. Participants were asked to rate the likelihood of giving certain responses to a friend's problems as well as the likelihood of feeling certain emotions when a friend gives them advice or sympathy for their own problems. Men and masculine people were expected to be more likely to respond to a friend in a way that reduces interpersonal intimacy; women and feminine people were expected to respond in a way that enhances interpersonal intimacy. Although a few gender differences were found, participants' level of expressive/nurturing traits (femininity) was related to more responses than was gender. The importance of examining gender-linked traits and not just gender when studying communication patterns is emphasized.
We examine gender differences in careers using a large linked employer-employee dataset on Finnish white-collar manufacturing workers over the period of 1981-2006. Our focus is on labour market entrants whom we follow over time. We find that men start their careers from higher ranks of the hierarchy than women do, although gender differences in education explain much of this gap. Men are also more likely to be promoted than women, especially during the first years in the labour market, amplifying the gender differences in hierarchical positions already apparent at labour market entry. Men earn higher starting wages than women, while the results concerning gender differences in the returns to career progression are not clearcut, but depend on the type of career event and on the career phase. Overall, our results helps to understand the factors behind the large increase in the gender wage gap during the early career observed in the earlier literature.
Over the last four decades, a series of studies by the bar and the academy assessed the strengths and weaknesses of legal education and advocated that law schools aim to better prepare students for the profession – the Cramton Report, MacCrate Report, Carnegie Report, and Best Practices Project. Surveys of practicing lawyers in Illinois, Minnesota, Montana, and Arizona identified the professional skills and values important to success in the practice of law. This article briefly summarizes the recommendations of those reports and the survey results. It then offers one model of educating law students in professional skills and values. It describes the development of the General Practice Skills course, a six-credit, required, simulation-based course that directly addresses skills and professionalism. The article makes recommendations for the design and delivery of courses that aim to answer the call for legal education to more fully prepare students for the practice of law.
The current study describes the development of the Attorney-Client Trust Scale (ACTS), a measure designed to assess a client's trust in his or her attorney. A sample of 307 male inmates completed the ACTS and provided information about their most recent case and attorney. Low ACTS scores were associated with having a court-appointed attorney, going to trial, and receiving a lengthy prison sentence. High ACTS scores were related to satisfaction with sentences and attorneys. In addition, findings suggest that perceptions about attorneys' interpersonal skills were as important as perceptions about legal skills in forming opinions about overall lawyering ability. It is recommended that attorneys employ a well rounded assortment of interpersonal skills to foster their clients' trust and to make better use of the limited amount of time they have to spend with clients.
The law on the protection of human subjects in biomedical and behavioral research remains unclear for research subjects of reduced capacity. Regulations of the U.S. Department of Health and Human Services fail to address many of the key issues. Federal regulations prohibit participation in research unless the investigator has obtained a legally effective informed consent of the subject or the subject's legally authorized representative. When the individual is not competent to provide informed consent, the key question is when his representative can consent on his behalf. Few people execute advance directive instruments, and even those who do rarely deal with future participation in research. Research is much needed to increase understanding of conditions such as Alzheimer's disease and chronic mental illness. Yet, many individuals in these categories will not possess sufficient competence to decide on research participation for themselves. This article argues for a relaxation of traditional competency rules in this area so as to facilitate increased research. While strong utilitarian considerations argue for expansion of the opportunities for research with these populations, the traditional value we place on the protection of human rights and dignity justifies imposing restrictions on such participation. When an individual is unable to comprehend the risks and rationally decide, society is generally reluctant and even unwilling to permit participation. This article contends that the debate has insufficiently taken into account an important consideration - the therapeutic dimension. By focusing attention on the therapeutic jurisprudence considerations that participation in research raises, this article seeks to clarify the debate.
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