The conception of simple, informal, lawyerless courts where ordinary people can settle their affairs amicably without expense, delay, technicality, or contentiousness has fascinated Americans since colonial times. This theme can be seen running through the movements to codify the law, simplify legal procedure, open the practice of law to Everyman, create conciliation courts; the creation of the small claims courts and administrative tribunals; and attempts in the 1960s and 1970s to divert small matters out of the courts altogether and into Neighborhood Justice Centers and other informal dispute resolution mechanisms.

The long and complex history of reform has been characterized by cyclical shifts in emphasis between two principal modes of characterizing small claims. One mode characterizes small claims as petty private quarrels and has led to attempts to supply justice by aiding fair outcomes between the particular parties. Since no broader social impact of the dispute is seen, the most efficient possible individual level response is viewed as appropriate. The other mode perceives small claims as particular instances of important systematic injustices between social groups or classes and has led to attempts to use small claims processing as the forum for making important policy. Perceiving broad social impact of the resolution of small claims, one will see a mobilization of aggregate resources to deal with them as important social problems as appropriate.

As a result, entire classes of cases and issues may be skimmed off and dealt with collectively as important social-legal problems. When this occurs the perception of the small claims that remain shifts to the other mode, and they are viewed as less important residual petty quarrels meriting less attention and resources. This periodic skimming off of certain claims and waning of collective attention to the remaining mass of claims has introduced a cyclical element into the development of small claims courts (and other legal reforms). Thus the mode of preceiving small claims itself conditions the mode of legal response which is advocated.

This article follows two earlier pieces in which the author reported the findings of a pilot empirical exploration of how well the discovery system in civil litigation is functioning. Brazil begins by focusing on the principal problems his field studies exposed and by suggesting a theory of discovery reform which responds to the nature and sources of those problems. His principal thesis is that too often neither judges nor attorneys assume sufficient responsibility for the discovery system as a system. Most of this article is devoted to two major proposals that are designed to promote in the judiciary and in counsel a sense of responsibility for the pretrial system and to equip the judiciary to convert that sense into action. Brazil proposes a comprehensive model rule that courts could use to manage the pretrial development of civil actions. He then uses his model as a background for suggesting modifications to and extensions of the proposed revision of Rule 16 that the Advisory Committee on Civil Rules has circulated for comment. He also offers a critique of current provisions for sanctions and advances an alternative sanctions rule that acknowledges a right to compensation for damages caused by an opponent's breach of pretrial obligations and that reduces the scope of judicial discretion to refuse to impose compensatory awards.

The Supreme Court's decision in City of Los Angeles Department of Water and Power v. Manhart has engendered a considerable debate, much of which has appeared in the pages of this Journal. Defenders of the Manhart decision take its critics to task for failure to appreciate the place of that decision in the overall jurisprudence of employment discrimination. In this article, the authors challenge the underlying conception of the law of sex discrimination that is said to dictate the result in Manhart. Far from erecting a per se rule against all sex classifications, the Civil Rights Act of 1964 is shown to recognize both the relevance of prevalent social norms about sex differences and the legitimacy of certain interests of employers as limited justifications for the maintenance of sex-conscious lines in some circumstances, a recognition that contrasts sharply with the statute's categorical prohibition on racial classifications. It follows from this discussion that Manhart's outcome was not ordained by the ethos of the laws against sex discrimination.

Lawyers have a pro bono publico obligation, arising both from the profession ‘s tradition of service before gain and from the lawyer's essential and monopolistic position in the justice system. The appropriate measure of this obligation is the reasonable capacity of the profession to provide public service, a standard that can be met only if all lawyers are involved in the effort. While volunteerism has some values that might be impaired by a mandatory system of pro bono service, only a mandatory system gives promise of involving all lawyers in the discharge of this fundamental professional obligation.

A current Supreme Court case concerning lawyer advertising, In re R.M.J., is analyzed in the context of a discussion of the diverse state regulations governing lawyer advertising and solicitation. The article considers the regulations in terms of their constitutionality, their tendency to impede effective advertising, and the effect they have on the legal profession's provision of information to potential clients about the nature, availability, and cost of legal services. Analysis of the major commercial speech cases, from Virginia State Board of Pharmacy to Central Hudson, indicates that many state rules infringe on attorneys' First Amendment rights.

This report on the experience of five in-hospital legal aid projects and one community-based project for the deinstitutionalized examines the workloads of the lawyers and paralegals who labor in this setting and the various approaches and predispositions they bring to the job or learn while they are at it. The caseloads as well as interviews and observations reveal enormous differences in approach from project to project. The work of some lawyers and their aides confirms the utility and importance of making legal aid directly available to patients on the hospital grounds. But the experience of a couple of other projects warns that certain styles of lawyering can be counterproductive and damaging. In general, lawyers in the mental hospital setting must avoid the legalistic and overly adversarial approach to the problems that are brought to them—many of which are of uncertain legal content, credibility, or psychological makeup. Lawyers must also be careful not to have their own legal priorities get in the way of the best interests of their patient-clients or even those of the hospital as a total institution. The best approach to lawyering in the institutional setting is one that softens the “traditional” legal and adversarial aspects in favor of a more mediatory stance in which fact finding, counseling, and the resolution of issues by compromise are dominant functions. And significant legal attention should be devoted to each of the major categories of problems faced by patients—commitment-discharge, institutional, and civil—if the institutional lawyer's credibility and effectiveness are to be maintained both with the patients and the staffs in charge of their treatment and custody.

The accomplishments of empirical research are often presented in a context that fails to show the process by which the results came about. This article examines the problems, hitches, and struggles encountered in a research project carried out on the English bar. And emphasis is given to the difficulty of tackling hitherto unexplored occupations that have had a long history of resisting research.

Despite dramatic changes in size and specialization, large law firms have remained remarkably unchanged in other respects. Introducing research on major Chicago law firms, this article examines how large law firms have changed so much by changing so little. It proposes a theory of law firm growth emphasizing the relationship between changes in the market for sophisticated legal services and changes in the approach law firms have taken to organizing their practices. The author discusses the organizational structure of large law firms, giving particular attention to the various roles that lawyers play in such firms. After speculating on trends affecting large law firms, he points to implications of these trends for law and social change.

This article describes and evaluates a computer program for drafting the security agreements and related documents required by Article 9 of the Uni- form Commercial Code to create and perfect security interests in consumer goods and equipment. The authors suggest that such computer applications have great promise and invite further such research.

This article draws together materials portraying appointed counsel services in a variety of jurisdictions to illustrate the role of court organization in shaping legal services to indigent defendants. Many criminal courts are bifurcated into preliminary hearing and trial courts. Legal representation of indigents is frequently organized to parallel these stages. As a result, indigent defendants receive defense services from a succession of different lawyers at different stages of their cases. This occurs in three ways. First, some defendants legally eligible for appointed counsel at the inception of their cases have counsel appointed for them only at the trial court after initially employing their own counsel at the preliminary hearing. The dual court system encourages such one-stage representation by private lawyers by facilitating their withdrawal between stages of a case. Second, indigents may also have different private lawyers appointed to represent them at different stages because judges, interested in efficiently running their court calls, desire that particular lawyers represent indigents in their courtrooms. Finally, defender offices often assign different lawyers to different stages as a result of both the demands by judges that defenders be assigned exclusively to their courtrooms and the costs of delivering continuous legal services in a tiered judicial system. For indigent defendants the sequential system of representation may adversely affect the quality of case preparation and undermine a sound attorney-client relationship.

While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial emerges in the clarity of 23 graphs that illustrate the analysis. Of particular interest are some new insights into the mechanism of the plea bargaining process.

This article is the third and last in a series that has focused on the corporate actor elite of Chicago's legal community—those attorneys who practice law with and for the major business, social, civic, cultural, and charitable organizations in the city. In this paper, the focus is on the participation of the members of that elite in a series of issues that have arisen in both the legal community and the larger society in the recent past.

The article first examines the resources for collective decision making which the members of the corporate actor legal elite bring to the process of community issue resolution. It then examines in detail elite issue preferences and the patterns of elite participation in five professional and political issues. From this analysis an interesting “paradox of power” emerges: the elite is most successful on those issues in which it is least interested and active and least successful on those which most heavily attract its participation. The article concludes with a discussion of the reason for this paradox, basing its answer in larger sociological theories of the activation of different types of resources in different types of community conflict.

This study considers the relationships between first-year law students' admission credentials, the amount of time they spend in study, and the grades they receive on examination. Findings include that there is a significant drop in effort during the first year, that while effort invested in study pays off in improved grades this effort is much less significant in explaining grades than is student ability as measured by LSAT and undergraduate grades, that students in the middle and bottom of the class are helped more by substantial study than are those in the top, that class attendance is much more valuable in raising grades than is equivalent time in other study, and that none of the various study techniques examined could be linked with major differences in results.

This article reports an exploratory study of trial attorneys' views of competent advocacy and the factors that affect such performance. It examines how attorneys account for variations in civil trial performance. These perceptions are then examined in relation to the major programs that have been proposed to remedy attorney incompetence.

In an earlier article (1979 American Bar Foundation Research Journal 1), James A. Sprowl described a new computational processor that enabled attorneys to automate repetitive client-interviewing and document-drafting tasks. In this article, Sprowl and coauthor Ronald W. Staudt describe the first experimental use of the new processor to serve the clients of a law school clinic. In the experiment attorneys and secretaries were trained to design automated practice systems. The authors analyze the results of this experiment and draw some preliminary conclusions about the future usefulness of automated law practice systems.

The standard of care to be applied in tort cases involving mentally disabled people has not been reconsidered in recent years. Traditional rationales for the “objective” standard are less persuasive in the context of current legal approaches to the rights of mentally ill and retarded persons. Analogies to children (especially the concept of “mental age”) and to physically handicapped adults merit reexamination.

For cases of serious crime a number of European countries employ a variant of the jury called the mixed court, in which laymen and professional judges sit together in a single panel that deliberates and decides on all issues of verdict and sentence. Trials in the mixed court proceed quite rapidly, in large measure because the mixed court dispenses with most of the time-consuming practices of jury control that characterize Anglo-American trial procedure. Consequently, the legal system can process all cases of serious crime to full trial. The present article describes the German mixed-court system and contrasts it with the American jury, asking to what extent the mixed court serves the purposes of the jury. The conclusion is that the mixed court serves the jury policies well, though not fully; and that it is a superior alternative to the indigenous nontrial devices—plea bargaining and bench trial—that have displaced the jury from routine American practice.

This study describes the development of a questionnaire for measuring instruction and studying the interaction between instruction and learning. Instruments such as the Course Perceptions Questionnaire (CPQ) can help identify how different instructional methods affect what and how students learn and thus should help determine whether there is a single best method of instruction that results in the most learning by all students. Also, instruments like the CPQ can provide instructors with information on how their instruction is perceived by students (and, more generally, whether the methods instructors believe they are using are, in fact, the methods they are using) and how students respond to their instruction.