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Why “Therapeutic Jurisprudence” Must Be Eliminated From Our Family Courts  


Author:  Elizabeth J.  Kates, J.D., LL.M..


Source: Volume 03, Number 02, Fall 2010 , pp.127-132(6)




Family & Intimate Partner Violence Quarterly

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Abstract: 

Is therapeutic jurisprudence a sound practice? By definition, therapeutic jurisprudence refers to a mental-health approach to law. The growth of this practice is especially pronounced in family law, where it is common. But, if unchecked, it can produce some unforeseen problems. Creating subtle conflict of interests is one such problem. Because family attorneys often have a high proportion of “one-shot” clients, they may have different clients that are on different sides of the ideological fence. These types of arrangements expose the attorneys to situations where there can be conflicts. This article describes several such situations and offers suggestions for how to address this problem.

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