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Access to Justice

Download Access to Justice

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Review

"Rhode has written an important, thoughtful, and well-argued book."--Law and Politics Book Review"What makes Ms. Rhode such an effective advocate is not the piercing nature of her salvos--which are lethal--but the abundance of support for her arguments. Access to Justice is thoroughly researched and finely written."--New York Law Journal"Deborah Rhode has jolted a million lawyers with a wake-up call. She urges them to open the doors to the unmet need for justice by most of the people who cannot afford their services. A challenging book for anyone, not just lawyers and law students, who believes that justice can be done if we have the will to pursue it."--Ralph Nader, Consumer Advocate

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About the Author

Deborah L. Rhode is Ernest W. McFarland Professor of Law and Director of the Stanford Center on Ethics at Stanford University. She has served as president of the Association of American Law Schools, Chair of the American Bar Association's Commission on Women in the Profession, and senior counsel for the House Judiciary Committee on impeachment issues. She has received the Keck Foundation Award for Distinguished Scholarship on Legal Ethics by the American Bar Foundation as well as the Pro Bono Publico Award from the American Bar Association. This is her twelfth book.

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Product details

Paperback: 272 pages

Publisher: Oxford University Press; 51044th edition (December 8, 2005)

Language: English

ISBN-10: 0195306481

ISBN-13: 978-0195306484

Product Dimensions:

8.8 x 0.7 x 5.7 inches

Shipping Weight: 1.1 pounds (View shipping rates and policies)

Average Customer Review:

1.5 out of 5 stars

2 customer reviews

Amazon Best Sellers Rank:

#1,763,852 in Books (See Top 100 in Books)

This book is nothing but anti-lawyer propaganda. The author uses the most inflammatory and misleading ways to state facts in order to foster hatred of lawyers. I will update this review of I can force myself to finish the book.Access to Justice by Deborah L. Rhode is an extremely biased book which does nothing but support and feed into the negative perception of lawyers. The book is so slanted and prejudicial it’s hard to take seriously, which is a shame because access to justice is a real concern. The author takes the characteristics of the minority of lawyers and blindly attributes them to all lawyers—completely writing off the majority of well-meaning, dedicated lawyers.Rhode cites numerous obstacles court-appointed attorneys face in accessing adequate resources “essential to an effective defense,” but then lambastes court-appointed attorneys for providing inadequate representation. She also heavily criticizes retained attorneys, opining they have little incentive to prepare for trial if they are paid beforehand…as if all attorneys who manage to secure a payment beforehand believe their job is already done. She criticizes attorneys who get plea bargains for their clients. She criticizes attorneys who thoroughly defend clients because it interferes with judicially controlled appointments… shouldn’t that be a criticism towards judges and a mitigating point for attorneys? If they essentially get punished for doing their best, that isn’t their fault and it’s amazing they even keep doing it.Rhode’s perspective on Pro Bono hours is convoluted. Pro Bono is understood to be professional work undertaken voluntarily and without payment, or charitably. Mandating Pro Bono hours necessarily contradicts the very meaning and significance of the concept. Mandatory uncharged hours of work is different from mandatory charity.Almost all of the statistics in Rhode’s book are given in an inflammatory, misleading, and provocative manner. Her statement that “fewer than 10% of lawyers accept referrals from legal aid or bar-sponsored poverty-related programs,” completely disregards lawyers who take on their own Pro Bono clientele. People do call law offices and inquire about these things, and many lawyers inform clients of the opportunity to have work done Pro Bono. Many lawyers also offer sliding-scale fees or payment plans to ensure clients are able to afford the services they need. None of this is mentioned by the author.As for frivolous cases, of course there are frivolous cases that should never have been initiated or litigated. It’s the same way in any profession, an embarrassing side effect of the human condition—you’ll inevitably have a few idiot colleagues who are seriously lacking common sense and/or ethics. However, Rhode continues to vilify attorneys by mocking all trial lawyers, and especially personal injury lawyers.Rhode makes it sound as if personal injury attorneys are unnecessary leeches that prey on injured people who are hoping for some sort of compensation that they could actually get without an attorney. I can’t help but wonder if she has ever had to deal with a personal injury case of her own or anyone close to her. You DO need an attorney to fight for you.People don’t want to just give you money, whether they’re at fault or not. They will make it sound like you have no grounds to ask for more than what they may offer, if they offer anything at all, and that’s where attorneys step in. Just because a personal injury settlement may sound absurd at first, doesn’t mean it is. Life-long medical treatment and maintenance is incredibly expensive. Loss of work or the ability to work is financially and psychologically devastating. The effects on one’s personal life can be unbelievably frustrating and unfair. A personal injury settlement isn’t just to redress the incident as a static point in time, it’s to redress past and future pain and suffering.Rhode also took an article written for a humor column in the Orlando Sentinel in 1993, a historically biased newspaper, and made it into a case against lawyers. A company called SmithKline Beecham made denture adhesive with benzene, a known carcinigen. Benzene is known to cause acute myelogenous leukaemia, acute myelocytic leukaemia, chronic myeloid and chronic lymphocytic leukaemia, myelodysplastic syndrome, multiple myeloma, and increase for total lymphatic and haematopoietic neoplasms. (IARC Sci Publ. 1988;(85):3-18.) “[Benzene] is used mainly as a starting material in making other chemicals, including plastics, lubricants, rubbers, dyes, detergents, drugs, and pesticides. In the past it was also commonly used as an industrial solvent (a substance that can dissolve or extract other substances) and as a gasoline additive, but these uses have been greatly reduced in recent decades.” (https://www.cancer.org/cancer/cancer-causes/benzene.html)The FDA recalled all of the SmithKline Beecham denture adhesive. An individual who used this product contacted his lawyer and initiated a lawsuit. A group of lawyers then initiated a class-action lawsuit which resulted in a direct-mailing notification to all other known customers, as well as published ads informing people of the danger of the product. The company was made to refund all customers who could prove they purchased the product and sent coupons to those who claimed to have purchased it but could not prove it.Despite all of the cancers benzene is known to cause, and the fact people were applying it directly to the soft tissues of their mouth twice a day, Rhode mocks these people and “their ‘victimhood.’” Just because they weren’t showing signs of cancer caused by a product that had been on the market for about 7 years, didn’t change the fact they were at risk. Soft tissues are exceptionally vulnerable to cancer and when you’re swallowing benzene denture adhesive residue all day, every day, you’re in even more danger. Her mockery of the people and their lawyers was ignorant and unprofessional. I could not find any evidence to suggest the case was actually frivolous, other than repeated prints of the same humor-column article she based her own quip on.Her statement that trial lawyers will make $75 billion in the next quarter century is extremely provocative and stated in a way to elicit shock and anger. That same statistic means $3 billion per year. There are over 1.3 million lawyers in America, and it’s impossible to tell what qualifies as a “trial lawyer” to Rhode. Technically, all 1.3+ million lawyers could qualify as “trial lawyers” since they can all go to trial! Even if only the leftover .3 million, or 300,000, lawyers qualified as “trial lawyers,” they would only be bringing in $10,000 each per year. Or if only 10,000 of the 1.3 million lawyers qualified as “trial lawyers,” they’d each bring in $300,000. That’s a ton of money, for sure, but nothing overwhelmingly ridiculous like it sounds when you say $75 billion in the next quarter century.All in all, this book is very difficult to read due to Rhode’s blatant contempt for attorneys. Her slanted and misleading statistics are beyond frustrating, and her overall attitude does nothing to help the very problem she arguing about. Vilifying attorneys, making the public hate them even more, and lambasting them for things out of their control is insane.

The author has a clear bias. Giving little credit where credit is due and has a "holier-than-thou" tone. On the bright side, it was one of the cheapest textbooks I've ever had to purchase.

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