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Multilateral silence in client-attorney narratives
Journal Title: SOCIOLOGIA DEL DIRITTO  
Author/s: Francesca Scamardella 
Year:  2012 Issue: Language: Italian 
Pages:  24 Pg. 127-150 FullText PDF:  148 KB
DOI:  10.3280/SD2012-002007
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This paper comes under the heading of a recent area of research, conducted primarily in the United States, which takes a fresh look at the role of the client as the focus for reconstructing the facts of a case. Its proposes the analysis of a specific situation of client-attorney relations, that in which the client stays silent and omits to mention circumstances of relevance to the attorney, either because of his/her inability to express them or because of a specific decision not to do so. Starting with a reconstruction of some of the main theoretical explanations of the issue of silence in the lawyering process, this article analyses certain cases in which silent clients play a leading role, so as to seek explanations partly in the background of the client (and of the attorney) and more generally in the context in which the case originates and is solved.
Keywords: Legal narratives - Silence - Client-lawyer centred approach

Francesca Scamardella, Multilateral silence in client-attorney narratives in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp. 127-150, DOI:10.3280/SD2012-002007

   

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