Friday, June 12, 2009
More of the good stuff - Scholarship alert part III: "A proposed definition of the term "lawyering".
By Josiah M.Daniel, III, a partner at Vinson & Elkins L.L.P., Dallas, and can be found at 101 Law Lib. J. 207 (2009). From the abstract:
'Lawyering' is the work of a specially skilled, knowledgeable, or experienced person who, serving by mutual agreement as another person's agent, invokes and manipulates, or advises about, the dispute-resolving or transaction-effectuating processes of the legal system for the purpose of solving a problem or causing a desired change in, or preserving, the status quo for his or her principal. ... As Stephen Schwarcz and Marc Steinberg have pointed out, lawyering occurs in the transactional, as well as the litigation, arena and involves negotiations, and contract formulation and drafting for clients. ... Certainly before the twentieth century, and even at the present time, some persons who engage in lawyering may not hold a license from a court or governmental agency to conduct their activities on behalf of clients.
I am the scholarship dude.