Judges strive to achieve both balance and fairness in their rulings and courtrooms. When either of these is compromised, or when judicial discretion appears to be handed down or enforced in random or capricious ways, then bias is present. Bias is unavoidable, because judges are human, they have certain preferences, and lawyers do not always know how to get familiar with judges' style and previous rulings. Lawyers strive to win their cases by persuading judges that their argument is better than opposing counsel, and deserves merit. Understanding rhetoric, the history and art of persuasion that goes back to Ancient Greece and Rome, gives lawyers the strategies they need to communicate effectively with judges and win cases, but rhetoric is not taught in law schools. My thesis explores the history and magnitude of the problem of bias in bench trials, and offers discussion of how rhetoric can be used ethically by both judges and lawyers. I examine how the judicial system works and conclude with ideas for dealing with bias. In studying bias, I have drawn on textual sources including legal journals, books written by lawyers and judges, accounts of legal and judicial history, materials from political science, rhetoric and communication, current events and news reports, and observed judges on popular reality television programs and in municipal courtrooms.

Thesis (Ph. D.)--Universiteit Maastricht, 2008. / Includes bibliographical references (p. 357-379). Also available online.

Thesis--Cologne. / Vita. Includes bibliographical references (p. xi-xv).

Thesis (M.S.)--University of Wisconsin--Madison, 1966. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (Ed.D.)--Texas Christian University, 2008. / Title from dissertation title page (viewed Feb. 26, 2009). Includes abstract. Includes bibliographical references.

Thesis (M.A.) - Simon Fraser University, 2005. / Theses (School of Criminology) / Simon Fraser University. Also issued in digital format and available on the World Wide Web.

Thesis (M.A.)--University of North Texas, Aug., 2009. / Title from title page display. Includes bibliographical references.

The thesis investigates the nature and regulation of the international practices of large commercial law firms. The overseas work of City solicitors, German commercial lawyers and US corporate lawyers is examined; almost seventy interviews were undertaken with lawyers and regulators based within the jurisdictions of England and Wales and Germany. A wide variety of literature, ranging from the fields of globalisation and regulation to the sociology of the professions, contextualises the empirical research. It is argued that the processes of globalisation have intensified within the last quarter of this century. The heightened internationalisation of business has impacted upon the worlds of many professionals, including those of lawyers in large law firms. Many of the largest law firms are moving to more commercialised forms of practice, where entrepreneurship is highly valued. Indeed, one of the reasons why foreign offices are opened is to take advantage of "green-field" sites abroad. However, law firms' strategies do vary; the thesis aims to tease out some of the differences in the international practices of the law firms investigated. In so doing, it cautions against over-generalising when discussing the overseas strategies and experience of "mega-law firms". Nevertheless, international developments do test the limits of current regulation. Large law firms often operate beyond the regulatory concerns of professional associations yet several features of their practice are worrying. For instance, the tendency of commercial lawyers not to consider anything other than their clients' immediate interests (to act as "hired guns") calls into question the legitimacy of regulatory systems. The thesis proposes a programme of reform to address such concerns.

The purpose of this research is to investigate into the client perceptions and expectations of quality legal service offered by local service providers i.e. the law firms. The study is to determine how effective Singapore law firms have been providing legal services from the client perspective, and to reconcile the law firms' perception of quality services with that of the consumers of legal services. The first study is targeted at the commercial business corporations, the main end-users and recipients of legal services provided by the law firms. The supplementary study involves obtaining a simple feedback from local law practices in Singapore on the implementation of formal quality service management or client care programmes in the legal organisations covered in the survey. / The research is based on the concepts of quality management theory, theoretical contributions from the service quality and legal service literature. The literature review suggests that consumers make satisfaction evaluations based on service provider's delivery performance. Despite increasing importance of the services sector of the economy, very little independent research has been published regarding the service delivery performance of legal professional services providers within the context of Singapore to determine the satisfaction level as perceived by their corporate clients. / From the literature review five service dimensions are identified that appear to be common to legal service firms: understanding the organisation's needs, technical legal skills, quality of service, overall value for money and general satisfaction. The descriptive study is conducted in a non-contrived environment and consists of three phases, namely, pre-tests, mail questionnaire, and semi-structured interviews with business consumers of the legal services. The wide-spectrum of industries covered in the research includes: professional services (management, IT and HR consultants), manufacturing, communication, transportation, wholesale and retail organizations. The data from the 84 business entities, representing some of the top 1,000 companies and top 500 Small and Medium Enterprises (SMEs), were collected through return mail and online surveys, secondary sources, and semi-structured interviews with the corporate executives who are responsible for the selection and the working relationships with external legal service professionals. The essential aspects of the service quality dynamics explored in the study relate to client expectations and perceptions of the legal services provided. The findings provide application opportunities particularly in the management of quality in legal services, client relationships, and professional practice in business-to-business contexts. / An evaluation model emerged from the extensive literature review, responses from the mail and online surveys, and interviews. It integrates the Eight Stages in the service quality-profit chain. The conceptual framework is dynamic in that it is evolutional, integrative and flexible. The model is subject to influencing factors such as the nature of the service, the nature of the contract as well as the personal characteristics of the professionals and the respondents. Expanding from the existing literature on satisfaction in the service industry, this research offers legal service providers a generic framework to better manage their business relationships and thus preserve their existing clients and possibly attract new ones, which in turn sustain long-term profitability. / Key words: Service Quality; Quality Management; Quality Gaps; Legal Service Delivery; Client Perceptions; Client Expectations; Client Satisfaction; Technical Legal Skills; Client Care; Client Management; Total Quality Management; Quality Service-Profit Chain; Service Encounters; Professional Services; Legal Profession; Legal Marketplace. / Thesis (PhDBusinessandManagement)--University of South Australia, 2004.

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