LEGAL PROFESSION
D. Frimer, "The Role of the Lawyer in Jewish Law", Journal
of Law and Religion 1 (1983), 297-305. - The American adversary legal
system treats the clash of lawyers as vital to the discovery of the truth
by a nonparticipant fact finder. The Jewish legal system, however, needs
no lawyers; the judge is an active participant in the search for truth,
aided in past times by students, and the direct confrontation of the parties
is thought more productive of truth and less of litigation than the meddling
of lawyers. Lawyers have gradually obtained a limited role in Jewish law,
and in the Israeli Rabbinical Courts, but not as indispensable participants
- and it is preferred that they neither advise clients on litigable matters
nor counsel them on how to legally arrange their affairs for maximum advantage.
(D.H.P.)
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