It’s often said that a 19th (or 18th or 17th) century doctor dropped into a 21st century medical environment would be completely flummoxed, unable to do anything, but a lawyer from the same time period dropped into today’s courts would be pretty much at home. Yes, there’s incredible new technology, but the relationships, rituals, procedures and outcomes endure.

Yet I sense more than subtle changes afoot. While I don’t practice in the criminal fora, legislation reforming cash bail and efforts at broadening the scope and nature of public defender services seem to be focused on real, substantive efforts at changing how things work over there. I don’t see so much on the civil side though. That’s why I was intrigued when I was given an advance copy of Judge Thomas Moukawsher’s new book The Common Flaw.

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