Professionalism is currently undergoing a process of radical change. Changes in the welfare state and in the market place have impacted upon professional organisations forcing them to change the ways in which they perform their jobs. This book analyses these changes in relation to the legal industry and other professions such as doctors and accountants. It argues that the shift is being driven by the powerful and informed corporate client whilst it downgrades consideration for the weaker uninformed client with many casualties as a result. It highlights how this shift has become an important political issue as the different camps seek support from political parties. It suggests that the resulting contest will be one of the key political struggles of the first decade of the next century.
Toward the end of the twentieth century, English lawyers enjoyed widespread respect and prosperity. They had survived criticism by practitioners and academics and a Royal Commission enquiry, but the final decade witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism during that tumultuous decade, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) their associations, consumers (individual and corporate, public and private) and the state to shape the market for legal services by deploying economic, political and rhetorical resources (including changing conceptions of professionalism). The profession had to respond to a greatly increased production of law graduates and the desire of lawyer mothers (and also fathers) to raise their families. It had to replace exclusivity with efforts to reflect the larger society (class, race, gender). The Bar needed to address challenges to its exclusive rights of audience from both solicitors and employed barristers and decide whether to retaliate by permitting direct access, thereby compromising its claim to be a consulting profession. Solicitors had to reconcile their invocation of market principles against the Bar with their resistance to corporate conveyancing and multidisciplinary practices. Government had to restrain a demand-led legal aid scheme; practitioners and their associations sought to pressure the government to expand eligibility and raise remuneration rates. Divisions within both branches so compromised self-regulation and governance that the government even threatened to deprive lawyers of those essential elements of professionalism. These challenges have begun a transformation of the legal profession that will shape its evolution throughout the twenty-first century.
Bridges the gap between academic and practical law for students undertaking skills-based and clinical legal education courses at university.
Übernommen vom Stroemfeld Verlag seit 1.8.2014 (Alte ISBN: 978-3-87877-997-1) In Anlehnung an die berühmte »Zeitschrift für Sozialforschung« (1932 – 1941) verfolgt auch ihre seit 2004 halbjährlich erscheinende Nachfolgerin »WestEnd« den Anspruch einer kritischen Gesellschaftsanalyse. Zur Veröffentlichung kommen Aufsätze und Essays aus Soziologie, Philosophie, politischer Theorie, Ästhetik, Geschichte, Entwicklungspsychologie, Rechtswissenschaft und politischer Ökonomie. Neben den Rubriken »Studien« und »Eingriffe« behandelt jedes Heft ein Schwerpunktthema. Heft 1/2014 beleuchtet die vielfältigen neuen lokalen wie internationalen Protest- und Lebensformbewegungen, die mit alternativen Modellen sozialen Zusammenlebens und demokratischer Teilhabe experimentieren – wie Commoning, Coworking, Collaborative Consumption, urbane Initiativen und subsistenzorientierte Landwirtschaftsprojekte, Open-Source-Bewegung oder Occupy. Handelt es sich bei diesen Bewegungen um bloße Nischen von Aussteigerinnen und Aussteigern? Oder etabliert sich in Gestalt einer zentrumslosen Bewegung eine neue Gegenkultur? Kommt in ihnen eine antimodernistische Sehnsucht nach Ganzheit und Gemeinschaft zum Ausdruck oder zeigt sich ein qualitativ Anderes, das den Menschen neue Freiheitsspielräume eröffnet?
This book provides a comprehensive account of the modern Australian legal aid system. It charts the twists and turns of policy and practice over the past 30 years with a particular focus on:the reaction of the legal profession to conflicts and debates about legal aid policy and services and the way in which this has both reflected and accentuated major shifts in the social and political structure of the profession itself; the development of community legal centres from radical fringe organisations to accepted legal practices, which provide a ‘value for money’ service and work in alliance with the big city firms; the constancy of government calls for fiscal restraint and the recurrent lack of clear objectives despite widely varying approaches by different administrations.
Accounting is the language of business, increasingly standardized across the world through powerful global firms: a technical skill used to reach the correct, unquestionable answer. This ethnographic study shows how decisions and judgements are actually reached, exploring the links between technical knowledge, professional judgement, and ethics.
The past two decades have seen profound changes in the legal profession. Lives of Lawyers Revisited extends Michael Kelly’s work in the original Lives of Lawyers, offering unique insights into the nature of these changes, examined through stories of five extraordinarily varied law practices. By placing the spotlight on organizations as phenomena that generate their own logic and tensions, Lives of Lawyers Revisited speaks to the experience of many lawyers and anticipates important issues on the professional horizon. "Michael Kelly has done it again! His Lives of Lawyers Revisited is a very easy read about some very difficult notions like 'litigation blindness' and law as a business. It presents some fascinating perspectives on our profession." —J. Michael McWilliams, Past President, American Bar Association "The best single book about the American realities and possibilities of the American legal profession, combining an empathic and insightful account of law practice with a penetrating analysis of the wider context of professional work." —Marc Galanter, University of Wisconsin "Michael Kelly believes that professional values and conduct are not realized in codes, but in the experiences of practice, and that practice draws its routines and ideals from organizations. Through his studies of lawyers in various firms, closely observed and sympathetically described, Kelly reveals how differently organizations adapt to the intense pressures of today's practice environment. His method of linking individual life-experiences to organizational strategies and the external constraints of competition and client demands infuses realism and richness into the concept of professionalism and makes this one of the most interesting and original books on professions and professionalism to appear in years." —Robert W. Gordon, Yale Law School "In his two volumes of Lives of Lawyers, Michael Kelly explores legal ethics in an unusual, and unusually rewarding, way. Rather than focusing on rules or arguments, Kelly looks at the kind of lives lawyers lead. Ethics, Socrates thought, is about how to live one's life, and Kelly takes the Socratic question to heart. He explores the institutions lawyers work in and the choices they make. He writes with intelligence, great insight, and above all with heart. This is a superb book." —David Luban, Georgetown University Michael J. Kelly is President and Chairman of the Board of the National Senior Citizens Law Center, an advocacy group for older Americans of limited means.
CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.
This is the last of three volumes on the comparative sociology of legal professions. Unlike the first two, which offered reports on individual country systems, this text uses national reports and other data sources to explore a variety of theoretical and methodological issues. Editors Abel (law, U. of California at Los Angeles, US) and Lewis (Centr
"Public Choice Concepts and Applications in Law is a terrific introductory book for law students and a valuable analytic resource for professors, whether veterans or newcomers to the field. Stearns and Zywicki break down the subject into freestanding components, allowing the reader to think about courts, legislatures, voters, and agencies in ways unimagined by anyone unfamiliar with the basic tools of public choice. Cases, articles, and classic insights are brought together in a way that truly makes this a volume about the application of public choice tools to legal doctrines. There is nothing like it." --Saul Levmore, William B. Graham Professor of Law, University of Chicago