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Lecture 9

SOC232H5 Lecture Notes - Lecture 9: Patricia J. Williams, House Law, Status Quo

Course Code
Zachary Levinsky

of 5
oWhere would he fit with sarats auto biography?
oHow does he approach law and society?
Its contrasted
Patricia Williams and kawasi
Sarat and glanter
Law and society there are a lot of contradictions
oTypology of the law as dispute resolution
How does law solve issues
Litigation as a game
Why is it the habs came out on top?
What is about the structure of the legal system that insures that
the habs come out on top?
He gives us a structural argument that the system is set up to
benefit the habs
Hes just an observer of the system
Abstract in some ways, very durkhiem
oRepeat players
They aren’t habs, but they are
They access the system repeatedly
They anticipate being involved in litigation
They accept to be sued they expect to be involved in the game
They are trying to establish and keep their name
oThey are trying to stay creditable
Partily they also create a paper trail
oHow do we fix it so it deosnt happen again?
Keep track of everything that is done- creating a
paper trail
If a litigation happens again- you will have more to
make defensable
Will help in the future
HOT CAUTION on a coffee cup – will help you get
out of litigation because if you spill cooffe and burn
yourself its your fault, cause you didn’t read it
School borads, document everything
Bullying, abuse
oOne shotters
Kess concerned about rules
They are there for their own immediate issues
Only in the game for short term
They don’t care as much as the repeat players
Repeat players are there for longer periods
oBalancing risk with rewards
Settling to them doesn’t mean that they ave lost the case, that
may mean that they don’t have to go throught the court process
oThis is how they are balancing
They trade off symbolic defeat rather than tangible defeat
In house law offices ave bugets that for the loses, they are
prepared for the losses
one shotters only care for immediate
orole of lawyers
lawyers as gatekeepers
they speak the law
certain cases o through and certain stay out
sarat- talks about lawyers are the ones that talka notu law and
glaner- why are they important- what roles do they play to make
sure that habs come out on top
how do awyers specialize in what they do??
oHave a stake in preservug the mystique of the law
oHelps keep the professon
oWe think lawyers are smart, we don’t speak law as well as
they spak
oYou need to hire a lawyer- cause you cant do it yourself
That is the mustiique of the law
oGalanters dilemma:
Does it amplify the advantage of RP
Does it lebel the playing feld for OS and the
oLawyers for Oe shotters
What do they do?
For one they are from the lower echelons of the legal professions
oThey have lower prestige and SES- they practice alone
oThey have troble mobilizing their clints
oEthical barriers to ambulance chasers
Diamond and diamond ads- they are ambulance
Episodic and isolated
oLow fees
Cause they are relying on large OS compared to
RP they take one or 2 cases and make the same
money that OS lawyers make with 6 cases
oSmall fees = mass processing
Cant play one OS for gain in another gain OS
oRP awyers can use the deafeat in the future while OS
lawyers cant
oLawyers go case by case- doesn’t matter the outcome
oOS clintals are very trasiant- they are there and then they
are gone. Lawyers can exploit as many OS as they want