Multilateral silence in client-attorney narratives

Author/s Francesca Scamardella
Publishing Year 2012 Issue 2012/2
Language Italian Pages 24 P. 127-150 File size 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

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Francesca Scamardella, Il silenzio "a più voci" nelle narrazioni di clienti e avvocati in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp 127-150, DOI: 10.3280/SD2012-002007