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Telling stories about cases and clients: The ethics of narrative
Georgetown Journal of Legal Ethics, The, Fall 2000 by Miller, Binny
111. See, e.g., Buchanan & Trubek, supra note 55, at 692 (explaining narratives of transformative moments); Baron & Epstein, supra note 3, at 267-69 (noting that using stories as critique is a critical theme in the storytelling movement); Cahn, Inconsistent Stories, supra note 51, at 2479 & n.16 (citations omitted) ("[a]fter listening to stories, others can learn - at least to some degree").
112. See e.g., Baron & Epstein, supra note 3, at 256 (debunking the idea that "mainstream, ordinary and conventional standards are just 'there' and themselves already justified"); id. at 259 (arguing that stories demonstrate how power "can inhere in the most apparently 'neutral' standards").
113. Carrie Menkel-Meadow, The Power of Narrative in Empathetic Learning: Post-Modernism and the Stories of the Law, 2 UCLA WOMEN'S L.J. 287 (1992) (reviewing PATRICIA J. WILLIAMS, THE ALCHEMY OF RACE AND RIGHTs: DIARY OF A LAW PROFESSOR (1991)).
114. See, eg., Mari Matsuda, When the First Quail Calls: Multiple Consciousness as Jurisprudential Method, 11 WoMEN'S RTs. L. REP. 7,9 (1989) (arguing for a "multiple consciousness" which chooses to "see the world from the standpoint of the oppressed" rather than randomly valuing all perspectives).
115. See infra note 21 for a discussion of this term
116. See DAVID A. BINDER Br SUSAN C. PRICE, LEGAL INTERVIEWING AND COUNSELING: A CLIENT-CENTERED APPROACH (1977). This first edition has since been supplanted by a later edition, see BINDER, supra note 62, which adds Paul Bergman as an author. For thoughtful critiques of this work, see Robert D. Dinerstein,
Client-Centered Counseling: Reappraisal and Refinement, 32 ARiz. L. REv. 501 (1990) [hereinafter Dinerstein, Client-Centered Counseling] (analyzing first edition) and Robert D. Dinerstein, Clinical Texts and Contexts, 39 UCLA L. REv. 697 (1992) (reviewing second edition).
117. See Anthony V Alfieri, Stances, 77 CORNELL L. REv. 1233, 1235 (1992) (describing the boundaries as "inchoate and perhaps irresolvable"). The critical lawyers, however, tilt more towards theory than practice. See Dinerstein, supra note 51, at 983-85. And at times their view of the possibilities of progressive lawyering borders on the hopelessly pessimistic. See Anthony V. Alfieri, Practicing Community, 107 HARv. L. REv. 1747, 1750 (1994) (commenting on Gerald Lopez' work and noting that "I harbor little faith in the ability of progressive lawyers to redeem community in their individual and collective meetings with subordinated clients").
118. See Alfieri, Josephine V, supra note 51, at 642-43.
119. Alfieri, Josephine V, supra note 51, at 629; Miller, Case Theory, supra note 6. 120. See Miller, Case Theory, supra note 6, at 545-48.
121. See Marie Ashe, The "Bad Mother" in Law and Literature: A Problem of Representation, 43 HASTINGS L.J. at 1018, 1032 (1992); Cahn, Inconsistent Stories, supra note 51, at 2478-80; Matsuda, supra note 114, at 9 ("we can choose to know the lives of others by reading, studying, listening, and venturing into different places."); Lincoln Caplan, Why Play-By-Play Coverage Strikes Out for Lawyers, 82 A.B.A. J. 62 (Jan. 1996) (by combining storytelling with legal analysis, legal journalists link process with context).