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The Lost Lawyer : Failing Ideals of the Legal Profession, by Anthony Kronman
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Anthony Kronman describes a spiritual crisis affecting the American legal profession, and attributes it to the collapse of what he calls the ideal of the lawyer-statesman: a set of values that prizes good judgment above technical competence and encourages a public-spirited devotion to the law.
For nearly two centuries, Kronman argues, the aspirations of American lawyers were shaped by their allegiance to a distinctive ideal of professional excellence. In the last generation, however, this ideal has failed, undermining the identity of lawyers as a group and making it unclear to those in the profession what it means for them personally to have chosen a life in the law.
A variety of factors have contributed to the declining prestige of prudence and public-spiritedness within the legal profession. Partly, Kronman asserts, it is the result of the triumph, in legal thought, of a counterideal that denigrates the importance of wisdom and character as professional virtues. Partly, it is due to an array of institutional forces, including the explosive growth of the country's leading law firms and the bureaucratization of our courts. The Lost Lawyer examines each of these developments and illuminates their common tendency to compromise the values from which the ideal of the lawyer-statesman draws strength. It is the most important critique of the American legal profession in some time, and an an enduring restatement of its ideals.
- Sales Rank: #977048 in Books
- Published on: 1995-03-15
- Released on: 1995-01-25
- Original language: English
- Number of items: 1
- Dimensions: 9.25" h x 1.09" w x 6.13" l, 1.24 pounds
- Binding: Paperback
- 440 pages
From Library Journal
America's lawyers are viewed with ambivalence. The best, perhaps embodied by Atticus Finch in Harper Lee's To Kill a Mockingbird , combine judgment and principle with something of the scholar's love of the pursuit of truth. Yet Dan Quayle questions lawyers' basic honesty and trustworthiness at the annual American Bar Association convention. Kronman (law, Yale Univ.) worries about the decline of the "lawyer-statesman," that lawyer who possesses more than just technical proficiency in legal persuasion. Kronman sees Abraham Lincoln and, more recently, the late Chief Justice Earl Warren as just such "lawyer-statesmen." Both possessed those traits of prudence, wisdom, and judgment that counted far more than legal expertise. Their absence underlies the crisis facing the American legal profession. This is an interesting book, but it won't change many of the well-entrenched opinions about lawyers. For academic and larger public library legal collections.
- Jerry E. Stephens, U.S. Court of Appeals Lib., Oklahoma City
Copyright 1993 Reed Business Information, Inc.
Review
An eloquent and provocative book. When you listen to...[Kronman's] diagnoses of just what has gone wrong with the job of lawyering today, you begin to see that the spreading disaffection of lawyers for their work should not be underestimated. (Michael Orey American Lawyer)
[This book] is an eloquent and impassioned work of scholarship. It makes an important contribution to the growing body of literature devoted to the study of the legal profession. (Anthony V. Alfieri Michigan Law Review)
Kronman deploys philosophical acumen and wide learning to revive the ideal of the lawyer--whether counselor, advocate, scholar, teacher, or judge--as practitioner of a kind of wisdom that he argues has long been out of fashion. This is an important book. (Charles Fried, Harvard Law School)
Many thoughtful observers of the legal profession have come to wonder whether the profession's traditional aspirations can possibly flourish in the current conditions of practice. Kronman is one of several critics to conclude, regretfully, that those aspirations are doomed...If lawyers could spare any time to read, The Lost Lawyer should really make them sit up and take notice of what has happened to them. (Robert W. Gordon, Stanford Law School)
Review
Kronman deploys philosophical acumen and wide learning to revive the ideal of the lawyer--whether counselor, advocate, scholar, teacher, or judge--as practitioner of a kind of wisdom that he argues has long been out of fashion. This is an important book. (Charles Fried, Harvard Law School)
Most helpful customer reviews
0 of 0 people found the following review helpful.
Painfully Beautiful
By Robert C. Berring
:This book is beautiful. It aches for a time when the practice of law included public service. When did the function of law schools become feeding graduates to the bottom line practice of large law firms? Either everyone contemplating law school should read this book, or they should be banned from access to it. Remember, Kronman was dean of the yale law school.
1 of 3 people found the following review helpful.
Out of Touch Academic Elitism
By J. Taylor
Kronman seems to have missed the boat on the plain language movement in law. Justice Scalia would be very disappointed in him.
The Lost Lawyer is out of touch academic elitism at it's best. It outlines the ideal of the Lawyer-Statesman and then spends the rest of the book explaining attacks and erosion on the Lawyer-Statesman ideal. It's academically lazy, when you purport a fiction as reality, it's easy to find reality incompatible with it.
My question to Kronman is, if we've deviated from the lawyer-statesman ideal and lost our way, why did it take 200 years to abolish slavery and what was Thomas Jefferson thinking with Sally Hemmings? It wasn't very statesmanlike. What was Abe Lincoln doing when he negotiated slavery. In his letter to Conkling, Lincoln revealed that he gave 100 days notice of the emancipation proclamation, and that he wouldn't issue it if the rebelling states returned their allegiance. Does the lawyer-statesman negotiate the human and civil rights of men for political gain? I doubt this.
The Lawyer-Statesman is a fine ideal to strive for, but don't try to tell me that we once had it and lost it. If you want to move towards it, fine, I can accept that, but arguing that we've come from it is lost. John Adams defending the British soldiers in Boston is no different than Stephen Vladeck defending suspected terrorists at Guantanimo Bay. Nothing has been lost, your just selectively looking for the purposes of your argument.
16 of 18 people found the following review helpful.
A Misfire Worth Reading
By A Customer
Charlotte Rampling, beautiful and tear-stained, has a minor breakdown midway through The Verdict--she's fallen for Paul Newman, the lawyer she's been assigned to seduce and spy on by her boss at the big, evil law firm. James Mason, the suave evil boss, consoles her with a drink and an apothegm: "You don't get paid to do your best," Mason says. "You get paid to win." That scene (expertly written by David Mamet) explains the legal profession in America and provides a summary of Kronman's argument. Kronman, the current Dean of Yale Law, bemoans the extinction of lawyers of sound judgment, prudence, and a concern for a range of interests--the client's, the law's, society's, etc. Lawyers who were actively involved with their community and their country, who were looked to as figures of wisdom, not avarice. But Kronman is more diagnostic than prescriptive. He's right--that breed of lawyer has all but vanished. Still, he provides little in the way of practical suggestions for correcting the problem. And his focus is on the profession and the law schools. His focus should be on the free market. Elite American law schools are catering to the needs of the large firms, which are catering to the needs of their corporate clients. To graduate marketable lawyers, the schools have to create skilled technicians. The hiring partner at a Wall Street Firm wants to know that an applicant has the stamina necessary to put in the hours, and the intelligence and tools needed to grind out competent work. No one is interested in his or her views about what might be a more prudent approach to the client's problem; his or her judgment is not only not demanded, it's unwelcome. Kronman's focus is too narrow. The legal profession has become the law business. Because that's what's demanded by clients, who pay the tab. So I think he should have examined the underpinnings of the free market system, which I favor but which is responsible for the shift in legal education and law practice. Also, how does one teach prudence? How does a vocational school--or perhaps any school--instil sound judgment? Furthermore, prudence and judgment are qualities that, like beauty, are in the eye of the beholder. Finally, Kronman's assertion that much of the problem arose when the large Protestant law firms started hiring Jews, African-Americans, women, and associates from the working classes and from second and third-tier schools sounds not only wrong, but bizarrely priggish and elitist in all the wrong ways. Kronman, as far as I can tell, has never practiced law for any length of time, nor has he toiled as a judge. He's spent his career locked in the Ivory Tower of academia, and his book is the high-toned result.
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