Submitted by Haroudo Xavier Filho (haroudo.xavierfo@ufpe.br) on 2016-07-01T13:51:00Z No. of bitstreams: 2 license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) Tasso Brito.pdf: 1307626 bytes, checksum: 6dbd7612a371b87c490fb5cfa5a76c5f (MD5) / Made available in DSpace on 2016-07-01T13:51:01Z (GMT). No. of bitstreams: 2 license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) Tasso Brito.pdf: 1307626 bytes, checksum: 6dbd7612a371b87c490fb5cfa5a76c5f (MD5) Previous issue date: 2015-08-04 / CNPq / Esta dissertação tem como tema central a trajetória de vida da advogada Mércia Albuquerque e de seu cliente Gregório Bezerra durante o processo que este respondeu na Justiça Militar. Gregório Bezerra foi julgado na 7ª auditoria militar, com sede no estado de Pernambuco. Através destas trajetórias, buscamos entender o funcionamento da justiça de exceção durante os primeiros anos de vigência da ditadura militar-civil. Também investigamos as implicações de um advogado defender presos políticos. Os riscos de torturas, prisões e por vezes mortes eram constantes na vida desses profissionais. Esta dissertação, também, investiga as possibilidades jurídicas de ação destes profissionais, enfrentando muitas vezes situações adversas. Ao mesmo tempo analisamos a Lei de Segurança Nacional (LSN), lei que serviu de base para a acusação contra os réus no processo 88/64, no qual Gregório Bezerra e mais 39 cidadãos brasileiros são indiciados por subversão da ordem com auxilio de países estrangeiros. Averiguamos funcionamento da justiça militar em várias etapas, o inquérito policial militar, a acusação, a defesa e a sentença. Percebendo como ao longo do processo Mércia Albuquerque e Gregório Bezerra contribuíram para que aqueles presos, acusados pela LSN, passassem a ser tratados como presos políticos na Casa de Detenção do Recife. / This dissertation is focused on the life story of the lawyer Mércia Albuquerque and his client Gregório Bezerra during the process that he answered in the military justice. Gregory Bezerra was tried in the 7th audit military, headquarted in the state of Pernambuco. Through these trajectories, we tried to understand the functioning of the justice of exception during the first years of the military-civilian dictatorship. We also investigated the implications of a lawyer on defending political prisoners. The risks of torture, imprisonment and sometimes death were constant in the lives of these professionals. This study also investigates the legal scope of action of these professionals, often facing adverse situations. At the same time, we analyzed the National Security Law (LSN), a law that was the basis for the charge against the defendants in the Process 88/64, in which Gregório Bezerra and others 39 Brazilian citizens were charged with subversion of the order with the help of foreign countries . We verified the operation of military courts in several stages, the military police investigation, the prosecution, the defense and the sentence. We analized the way that Mercia Albuquerque, during Gregory Bezerra's process, contributed to many arrested accused by LSN started to be treated as political prisoners at Detention House in Recife.

The problem of this investigation was to make an exploratory examination of attorney attitudes concerning legal service marketing. The study was confined to attorneys licensed to practice law in the State of Texas. Items of specific interest were the implicit and explicit marketing management philosophies of attorneys, attitudes toward various promotional and media issues with respect to legal marketing, and attitudes toward serving the interest of various publics in the practice of law.

The focus of this investigation is on the effects that content and layout forms of newspaper advertising have on consumer attitudes toward the legal profession. A second major purpose of the study was to determine the differences which exist between certain socio-demographic categories with respect to attitude towards the advertised lawyer and the legal advertisements. Thirteen variations of a legal advertisement for the newspaper medium were developed and shown to consumers and then tested by measuring consumers' attitudes toward twelve lawyer-related attributes and ten advertisement-related attributes.

M.Phil. (Industrial Psychology) / The objective of this study was to determine the psychologist-lawyer dynamics, prevalent in the psycho-legal activities of industrial psychologists. In order to reach this objective, repertory grid interviews were conducted with 10 participants, all of whom were industrial psychologists experienced in psycho-legal activities. During the interviews, the participants were asked to contrast their experiences in terms of the psychologist-lawyer dynamics, by eliciting similarities and differences between the psycho-legal cases which they identified. From the contrasts obtained in the interviews, the data were analysed in three consecutive stages, namely eyeball analysis, bootstrapping analysis, and the interpretation and sense-making of the themes. In the first stage of analysis, the repertory grids of the participants were scanned holistically to identify personal constructs. In the second stage of analysis, the personal constructs were categorised into themes, based on a process of continual scrutiny for similarities. During the final stage of analysis, the seven themes, categorised from the personal constructs of the participants, were interpreted and made sense of by using relevant literature on forensic psychology. The seven themes categorised from the data were: differing scientific worldviews of industrial psychologists and lawyers, the power differential in the psychologist-lawyer relationship, motives of the instructing lawyer, structure of the psychologist-lawyer relationship, the industrial psychologist's fees, objectivity of the industrial psychologist, and ethical principles in psycho-legal activities. Based on the seven themes, recommendations are made to important stakeholders such as industrial psychologists, the Professional Board for Psychology, lawyers instructing industrial psychologists, and universities. Furthermore, important limitations of this study are noted, from where recommendations for future research are made. Recommendations for stakeholders and future research in terms of the psychologist-lawyer dynamics in industrial psychologists’ psycho-legal activities are aimed at mediating the interdisciplinary and inter-professional dynamics between industrial psychologists and lawyers, in order to aid the sustained practice of industrial psychologists’ psycho-legal activities.

This study investigates the effect of founders socialization experiences and contextual interpretations on the deviation of recently-established law firms from the dominant organizational form in the B.C. legal profession. Through this research I address three issues fundamental to the neo-institutional perspective on organizational analysis: 1) whether consensually-understood frameworks exist in highly-institutionalized environments, 2) the extent to which new entrants to such industries reproduce or depart from these prescribed arrangements, and 3) why some conform while others deviate. In the first phase of my investigation, I ascertained the nature of the legal profession s dominant template for organizing by analyzing qualitative data collected from multiple data sources including both observers of and practitioners within this industry. I subsequently validated this template by collecting quantitative data through a survey administered to a panel of lawyers. The results support the existence of a commonly- perceived template for organizing in the B.C. legal profession. In the second phase of my research, I investigated sixty recently-established law firms in B.C. Through a background questionnaire and personal interview conducted with the founder of each firm, I collected data on multiple dimensions of form, the founder s experience, and his or her rationale for designing the firm in a certain way. I also administered a survey to a separate panel of lawyers, to obtain their perceptions of the extent to which alternative arrangements differed from those of the dominant template. This data was used to calculate deviation measures for the recentlyestablished firms. The results revealed that, despite the prevalence with which founders voiced disenchantment with the dominant template, 85% of their firms exhibited very little deviation from the normative form. Thus, it appears that most new entrants to a highlyinstitutionalized setting act primarily as agents of institutional perpetuation rather than entrepreneurship. The 15% that exhibited greater deviation tended to be headed by founders with less experience in the industry s most prominent organizations and by those who most strongly questioned the moral legitimacy of prevailing organizational arrangements. Experience in marginal organizations or other industries, as well as doubts about the dominant template s pragmatic legitimacy, were insufficient triggers of new entrant deviation. / Business, Sauder School of / Graduate

The purpose of this research is to describe the role of human rights lawyers in a rights based approach to poverty reduction in Sub-Saharan Africa. The objective is to inform these role players of their proper functions and powers in using human rights regime to fight poverty in the region. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2005. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervison of Dr Christopher Mbazira, of the Community Law Centre, Faculty of Law, University of the Western Cape. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Managers in federal executive branch agencies administer public programs and policies in a complex legal environment. To assist managers, each agency has an organization that is responsible for providing them legal advice, typically called an "Office of the General Counsel" (OGC). Existing literature from public administration and administrative law has addressed, to varying degrees, what OGC lawyers do or ought to do, but has primarily focused on providing legal advice, not obtaining it. This discrete literature is disconnected from major streams in public administration. The purpose of this study was to update and extend the literature by exploring managers' and lawyers' perceptions of the role of managers as advisees of OGC. This study made managers the focal point of exploration and used concepts from organizational role theory to clarify the term "role" and highlight the structural and interactional elements of the manager's part in the manager-lawyer relationship. Four research questions guided this study by inquiring about the expectations managers and lawyers have regarding: (1) the organizational arrangement for obtaining legal advice; (2) decision making in the context of obtaining legal advice; (3) the closeness of their working relationship; and (4) being a "client" of OGC in the context of obtaining legal advice. Data were collected from in-depth, semi-structured interviews conducted with 20 practitioners (14 managers; six lawyers). This study found that managers and lawyers preferred to remain separate from each other in the agency because of the expectation that managers obtain and lawyers provide objective legal advice. Regarding decision making, managers and lawyers expected managers to make decisions in the sense of seeking guidance from OGC rather than permission, being comfortable questioning legal advice, and choosing among options and alternatives; although, lawyers indicated some managers prefer not making decisions. The expectation of making decisions in the sense of choosing whether to follow legal advice remains contested among managers; among lawyers, they expect managers to consider legal advice and decide whether to follow it. Managers and lawyers expected to have a close working relationship marked by assistance with formulating legal questions and full disclosure of information. As for expectations associated with being a "client" of OGC, managers' and lawyers' expectations diverged on what being a "client" of OGC entails. Managers viewed themselves as clients, but associated the term "client" with customer service; lawyers, on the other hand, viewed managers as clients provided their interests are aligned with the agency's interests. Beyond exploring the role of managers when obtaining legal advice, this study's focus on the interaction between managers and lawyers within a federal agency suggests a way connecting public law more directly to public management, as well as extending insights from governance to activities inside an agency. / Ph. D.

In evaluating clientsâ satisfaction with their lawyers, some research indicates that clients consider the interpersonal aspect of the lawyer-client relationship just as important as the legal competence of the lawyer. The purpose of this study is to assess factors hypothesized to be involved in clients* evaluations of lawyers and the legal system. These factors are ratings of procedural justice, perceptions of lawyers interactional styles and types of social power, and clientsf demographic and legal case characteristics. Data for the quantitative analysis in this study comes from a national telephone survey of legal clients. In addition, qualitative data from responses to an open-ended question in the telephone survey and focus groups of legal clients in divorce cases are analyzed. The results of the multiple regression and path analyses reveal that lawyers’ interactional orientation (combinations of social power and adoption of occupational role) nave the greatest effect on ratings of procedural justice. Ratings of procedural justice and lawyers’ interactional orientation have the greatest effect on satisfaction with lawyers. Smaller effects come from the outcome and the type of legal case. Satisfaction with the attorney has a greater effect on satisfaction with the courts for women than it does for men. Ratings of procedural justice and lawyer’s interactional styles have a large effect on satisfaction with the courts for both men and women. Comments by the survey respondents and the focus group participants support previous research that the major sources of dissatisfaction with lawyers are fees, discourtesy, and delays. Issues which coincide with elements of the rating of procedural justice emerged from the focus groups. The components of representation, quality and accuracy, and respect and concern for the client were brought up in various ways. A suggestion is made for the use of the components of procedural justice as a guideline or checklist for lawyers and clients as a way of improving the image of lawyers and increasing clients’ consumer power. / Ph. D.

In third-party litigation funding agreements, funders agree to finance a litigant’s litigation on condition that the funder will deduct a specified percentage from the capital awarded to the litigant in the event of success. In contingency fee agreements, such funding is provided by lawyers. Initially both these agreements were illegal in South Africa and England, but as civil courts became able to counter corruption and abuse – and with the recognition of the need to give more litigants access to justice – both were recognised as legal. Third-party litigation funding agreements by non-lawyers are unregulated in most jurisdictions. As the voluntary self-regulation in England is unsatisfactory, mandatory statutory regulation should be introduced in South Africa. The Contingency Fees Act 66 of 1997 caps the fee to 25% on the capital amount in South Africa. Since no such cap exists in Ontario (Canada), the cap of 25% in South Africa should be revised. / Eka Mintwanano yo nyika nseketelo wa mali eka nandzu wa thedi phati, vanyiki va mali va pfumela ku hakela mali ya nandzu wa mumangali hi xipimelo xa leswaku munyiki wa mali u ta susa phesenteji leyi kombisiweke ku suka eka mali leyi nyikiweke mumangali loko a humelela. Eka mintwanano ya tihakelo ta vukorhokeri, nseketelo walowo wa mali wu nyikiwa hi maloyara. Ekusunguleni mintwanano leyi hinkwayo a yi nga ri enawini eAfrika Dzonga na le England, kambe tanihi leswi tikhoto ta mfumo ti koteke ku kokela etlhelo eka timhaka ta vukungundzwana na nxaniso- na ku anakanyiwa ka xilaveko xo nyika vamangali votala mfikelelo wa vululami- hinkwayo yi anakanyiwile tanihi leyi nga enawini. Mintwanano yo nyika nseketelo wa mali eka nandzu wa thedi phati hi vanhu lava nga riki maloyara a yi lawuriwi eka vuavanyisi byotala. Tanihileswi vutilawuri byo tinyiketa eEngland byi nga riki kahle, mafambiselo ya nawu lama lavekaka ya fanele ya tivisiwa eAfrika Dzonga. Nawu wa Tihakelo ta Vukorhokeri wa 66 wa 1997 wu veka mpimo wa hakelo eka 25% eka xiphemu xa tsengo wa mali eAfrika Dzonga. Ku sukela loko ku ri hava mpimo lowu nga kona eOntario (Canada), mpimo wa 25% eAfrika Dzonga wu fanele wu langutisiwa hi vuntshwa. / Kha thendelano dza ndambedzo dza mbilo ine ya itelwa muthu, vhabadeli vho tenda u badela mbilo ya muthu o no khou itelwa mbilo tenda mubadeli a tshi ḓo ṱusa phesenthe yo tiwaho kha tshelede yo avhelwaho muthu ane a khou itelwa mbilo arali a kunda. Kha thendelano dza mbadelo dzine dza badelwa musi ramilayo o no kunda kha mulandu, mbadelo idzo dzi ṋetshedzwa nga vhoramilayo. Mathomoni thendelano idzi vhuvhili hadzo dzo vha dzi siho mulayoni Afurika Tshipembe na England, fhedzi musi khothe dza mbilo dzi tshi vho thoma u hanedzana na tshanḓanguvhoni na u tambudzwa - na u dzhiela nṱha ṱhoḓea ya u ṋea vhathu vhane vha khou itelwa mbilo u swikelela vhulamukanyi –vhuvhili hadzo dzo dzhiwa sa dzi re mulayoni. Thendelano dza ndambedzo dza mbilo ine muthu a itelwa nga vhathu vhane vha sa vhe vhoramilayo a i langulwi kha vhulamukanyi vhunzhi. Samusi u langulwa ha ndaulo nga iwe muṋe hu ha u tou funa ngei England a zwi ṱanganedzwi, ndaulo ya khombekhombe ya mulayo i fanela u ḓivhadzwa Afurika Tshipembe. Mulayo wa Mbadelo dzine dza badelwa Ramilayo musi o kunda wa nomboro 66 wa 1997 mutengo wawo u guma kha 25% mutengo wa tshelede Afurika Tshipembe. Samusi tshikalo itsho tshi sa wanali ngei Ontario (Canada), tshikalo itsho tsha 25% Afurika Tshipembe tshi fanela u sedzuluswa hafhu. / Private Law / LL. M.

While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.