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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
230. See Abbe Smith, Rosie O'Neill Goes to Law School: The Clinical Education of the Sensitive New Age Public Defender, 28 HARv. C.R.-C.L. L. REv. 1, 31-35 (1993); Miller, supra note 6, at 504, 563-70 (describing process of counseling client about available case theories premised on race). For a discussion of the circumstances under which lawyers should actually tell clients what to do, see Brm>:tt, supra note 62, at 347-61.
231. For a discussion of the different meanings lawyers and clients sometimes attach to meetings, see Miller, Case Theory, supra note 6, at 538 & n.277.
232. See, e.g., COLES, supra note 169, at 1-30 (recounting "the stories.. that begged to be told" of patients Coles encountered on a rotation in the psychiatric ward of Massachusetts General Hospital); OLIVER SACKS, AWAKENINGS 1-6 (1983) (presenting the "lives and responses of [sleeping sickness patients] which have no real precedent in the entire history of medicine" in the form of case studies detailing their responses to laevo-dihydroxyphenylalanine, also known as the awakening drug); OLIVER SACKS, THE ISLAND OF THE COLORBLIND AND CYCAD ISLAND 37 (1997) (discussing author's study of genetic eye disorders isolated among the populations of four South Pacific Islands); RICHARD SELZER, THE DOCTOR STORIES (1998) (recounting stories of his patients); LEWIS THOMAS, THE YOUNGEST SCIENCE: NOTES OF A MEDICINE-WATCHER 195-97 (1983) (collection of essays in which one piece focuses on Hubert Humphrey's stay for cancer treatment at the Memorial Sloan-Kettering Cancer Center while Thomas worked there); WILLIAM CARLOS WILLIAMS, DOCTOR STORIES (1984) (collection of essays and poems dealing with patients Williams' encountered in his years of practice); Richard Selzer, A Question of Mercy, N.Y TIMEs MAG., Sept: 22, 1991, at 321 (recounting author's consultation with an HIV-positive gay man seeking medically-assisted suicide). The writings of these authors have spawned other work; Selzer's story of the HIV-positive patient, Selzer, supra inspired the play A Question of Mercy by David Rabe, and one of Sacks' works, Awakenings, supra, is the basis for the Robin Williams' movie of the same title.
233. See Marie Arana-Ward, The Pen and the Scalpel, WASH. POST, July 19, 1998, at Book World 10. (comparing the writing of Chekhov, William Carlos Williams, and Richard Selzer).
234. See Miller, Case Theory, supra note 6, at 529-52, 564-76; Smith, supra note 230, at 15-27; Spinak, supra note 64, at 1990-92, 2079.
235. See Spinak, supra note 64, at 1992-2007; 2080-82.
236. Robert Coles wrote the foreword to William Carlos Williams' book Doctor Stories, and pays homage to the legacy of Williams in his own book, The Call of Stories. See WILLIAmS, supra note 232; COLES, supra note 169, at 30 (praising Williams' "respect for narrative as everyone's rock-bottom capacity, but also as the universal gift.").
237. While the analogy between doctor-patient relationships and lawyer-client relationships is not perfect, see 8 JOHN HENRY WIGMORE, EVIDENCE IN TRIALS AT COMMON LAw 2380 (a), at 828-32 (J.T. McNaughton rev. ed. 1961) (distinguishing legal and medical privileges); Arana-Ward, supra note 233, at 10 (noting distinction between the words "patient" and "client"), there are many similarities between the two types of relationships. See JOHN P. HEINZ & EDWARD 0. LAUMANN, CHICAGO LAwYERS: THE SOCIAL STRUCTURE OF THE BAR, 333-42 (1982); Linda F. Smith, Medical Paradigms for Counseling: Giving Clients Bad News, 4 CLINICAL L. REV. 391 (1998); Mark Spiegel, Lawyering and Client Decision Making: Informed Consent and the Legal Profession, 128 U. PA. L. REV. 41 (1979); Dinerstein, supra note 116, at 525, 532-34 & nn.142-44 (drawing distinctions and parallels between the medical and legal professions). For sources comparing the psychotherapist-patient relationship and the lawyer-client relationship, see Miller, Case Theory, supra note 6, at 554 n.310 (citations omitted).