International Journal of the Legal Profession最新文献

{"title":"Attorney-client confidentiality in Saudi law: a critical study on the Saudi code of law practice","authors":"Fatimah Alshehaby","doi":"10.1080/09695958.2022.2155170","DOIUrl":"https://doi.org/10.1080/09695958.2022.2155170","url":null,"abstract":"ABSTRACT Confidentiality is the most basic principle in respect of the lawyer-client relationship. Without the secrecy between lawyer and client, it would be complicated for a lawyer to solidify and establish trustworthy and credible communication with the clients, which might affect their legal representation. In the Saudi legal system, confidentiality is safeguarded under some crucial laws and regulations such as– Code of Law Practice, and the Rule of Professional Conduct for Lawyers. As Islamic law, i.e. Sharia is the primary legal source in the Saudi Arabia, the Code of Law Practice provides the lawyers and clients with the protection of confidentiality as long as there is no palpable violation of Islamic principles. However, there is no formal definition of “the violation of Islamic principles” stated in Article 23 of the Code. This might be problematic and lead to diverse interpretations by courts and authorities which is undermining the protection of confidentiality and sabotaging the lawyer-client relationship. In order to investigate such a labyrinth, this article aims to scrutinize and assess the confidentiality of the clients’ information in the Saudi regulations of the legal profession. It also evaluates the necessity of establishing a precise definition of confidentiality in the Saudi legal system.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49538058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The dichotomy of “first timer” and “regular” and its implications for legal advice and assistance","authors":"R. Dehaghani, Daniel Newman","doi":"10.1080/09695958.2022.2129661","DOIUrl":"https://doi.org/10.1080/09695958.2022.2129661","url":null,"abstract":"ABSTRACT When an individual is suspected or accused of committing a criminal offence, they are brought into the realm of the criminal process. This process can be complex and alien, and the accused person may not understand – or be able to engage with – elements thereof. This paper examines how experiences of the criminal process are framed by lawyers, drawing from interviews conducted with lawyers (N = 36) as part of a larger project on the experiences of criminal justice in (south) Wales. Lawyers, when discussing the experiences of the accused, made frequent distinctions between “first timers” and “regulars”. Whilst this distinction has been touched-upon in previous studies, it has not yet been subject to much exploration and interrogation. Within this paper, we explore and critique the how and why of this distinction, querying the utility and limits of such a distinction. We argue that whilst an accused’s experience should be accounted for, it is unhelpful to frame “regulars” as not needing – or being undeserving – of attention.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45713211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"War, epidemic, commercial uncertainty – how will the legal profession react to deglobalisation?","authors":"A. Sherr","doi":"10.1080/09695958.2022.2130599","DOIUrl":"https://doi.org/10.1080/09695958.2022.2130599","url":null,"abstract":"The last half century witnessed a growth in globalisation (see, among many others, Stiglitz, 2002; Halliday and Osinsky, 2006; Arthurs, 2006, 2009), the diminishing of national and geo-political boundaries: economically, politically and culturally. Law and lawyers have taken a major role, in globalising firms, harmonising of law, cross-jurisdictional legal education, free trade across borders, elision of professional service organisations, ease of immigration and work across borders. More recently the epidemic, Trumpism, Brexit and anti-Putin embargoes have begun an opposing reaction in commerce, economically and politically. Will law and lawyers be similarly affected? It would be good to see research and articles coming forward on whether deglobalisation is affecting the legal professions. Meanwhile, in this last issue of 2022, Gibens et al. report on research into Belgium’s concept of integrated rights, bringing together lawyers, courts and social workers in order to solve the “socio-legal” problems of the community. Using a model looking at Context, Actors, Interventions, Mechanism and Results they find it is necessary to broker relations between the legal ethics of lawyers and the social ethics of social workers and that better training of both would aid cooperation. Goldbarsht argues that in-house general counsel, inside commercial enterprises should be included in the antimoney laundering regulations in the same way as private practice lawyers. Their influence as gatekeepers would enable better attention to the objectives of AML regulation and assist their own sense of legal ethics. Back to Belgium, Mergaerts looks at how criminal defence lawyers identify their clients’ vulnerabilities in order to ensure the procedural safeguards accorded to them by law. Early identification of vulnerabilities is key to assisting criminal defendants in the police station. In a set of semi-structured interviews Mergaerts found that lawyers had a range of diverse factors they considered to show vulnerability and that individual factors predominated over situational factors. The concept as regulated was too vague, needed to be addressed by the police and courts also and “gut feelings” were used as little or no training had been received. Lamkaddem et al. look at how clients with multiple problems are dealt with under legal aid in Dutch Legal Services. The authors carried out a survey of clients which showed that 44% reported multiple problems; these clients tended to be older and with a lower level of education. Many problems were financial, conflictual and related to physical health. The results suggested more systematic collaboration with social services (perhaps of the sort advocated by Gibens). Caserta explores how classical sociological theories address the digitalised world of the legal profession. Functionalism looks at the relationship between new technologies and their deployment in legal matters, critical theory can help to understand the ideology of","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42736531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The future possibilities and perspectives of clinical legal education in Vietnam","authors":"Ai Nhan Ho","doi":"10.1080/09695958.2022.2114481","DOIUrl":"https://doi.org/10.1080/09695958.2022.2114481","url":null,"abstract":"ABSTRACT This paper discusses various possibilities and perspectives for the future of Vietnamese CLE. Informed by the Vietnam Empirical Research and based on the current status of CLE in Vietnam, the paper has made suggestions for various directions for Vietnamese law schools to follow in addressing the challenges that face the adoption and incorporation of CLE in law curricula. These include choosing appropriate CLE models; designing CLE programs as accredited subjects in law curricula; and improving clinical supervision. In the current Vietnamese legal education system with various challenges, the Vietnam Empirical Research generally affirmed CLE as an appropriate educational strategy for the future. As the global advancement of CLE progresses, this opinion is widely and increasingly held among different legal education stakeholders in Vietnam. However, the success and long history of CLE elsewhere will not necessarily guarantee a similar result in Vietnam, given the differences in social, political, and legal systems. The future of Vietnamese CLE therefore will depend on how law schools, central government, relevant national agencies, and other legal education stakeholders in Vietnam regard and adopt clinical approaches in teaching law.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48481638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An empirical study of lawyer-client relationships in Punjab, Pakistan","authors":"Jibran Jamshed, Naila Kareem, Waheed Rafique, M. Javed","doi":"10.1080/09695958.2022.2101461","DOIUrl":"https://doi.org/10.1080/09695958.2022.2101461","url":null,"abstract":"ABSTRACT The primary objective of this empirical study is to determine and analyze the different aspects of lawyer-client relationships. The study will find out the different problems faced by lawyers while dealing with clients along with determining the factors related to trust issues, fee-related issues, and clients’ expectations. The lawyer-client relationship is of paramount importance in the legal profession. In this quantitative study, a survey design is used as a research methodology. Data is collected through a structured questionnaire and the population of this study consists of lawyers in the province of Punjab, Pakistan. The questionnaire was distributed among the participants to collect data regarding the profile of their clients, fee-related matters, client expectation, client trust, and problems faced while dealing with clients. Statistical Package for Social Science (SPSS V-23) is used to analyze the data and then it was presented using descriptive statistics in form of diagrams and tables. This study revealed that lawyer finds it difficult to get their legal remunerations from their clients and it is difficult for them to earn their trust. It also transpires that clients have very high expectations from their lawyers and lawyers have to face many problems while dealing with the clients.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43554187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal aid and clients with multiple problems: a first screening at the Dutch Legal Services Counter","authors":"M. Lamkaddem, S. Tonnon, Maaike C. Keesen, Esther M. Verboon, Quirine E. Eijkman, G. van der Veen","doi":"10.1080/09695958.2022.2074424","DOIUrl":"https://doi.org/10.1080/09695958.2022.2074424","url":null,"abstract":"ABSTRACT Introduction The Legal Services counters (LSC) is the first contact point for legal aid in the Netherlands. Professionals reported dealing with a client group combining problems on several dimensions, next to the legal issue. This combination (multiple problem situation, MP) seems to impair the effectiveness of the provided legal help. Methods A face-to-face survey among 421 visitors of 4 LSC locations was administered (2019). Analyses Statistical techniques were used to assess the occurrence of MP, the association with the numbers of contacts with the LSC, the background characteristics of clients with and without MP, and the multivariate association between stress, MP and use of the LSC. Results 44,1% of the respondents reported MP. Those reported a higher number of contacts with the LSC in the past year. MP clients were older and had a lower education level. Financial (58%), conflictual (56%) and physical health (41%) problems were mostly reported. Stress and number of problems were related to a higher attendance to the LSC. Discussion Legal aid services should set out systematic collaboration paths with other social services, starting off by an assessment of the problem domains, to contribute to an effective solution of those issues, including the legal one.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43206452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial","authors":"A. Sherr","doi":"10.1080/09695958.2022.2084813","DOIUrl":"https://doi.org/10.1080/09695958.2022.2084813","url":null,"abstract":"Our first three items deal with well-being in the legal professions. Melville et al. look at how Junior Academics are pressured in Australian university law schools; Soon et al. consider the problem of how to satisfy psychological needs and well-being among solicitors in the UK; and Chlap et al. look at how workplace characteristics affect stress and empathy among lawyers in Australia. Altogether these underline the importance of considering the effects of legal work and learning on the mental health of lawyers, law students, legal educators and clients. Chan et al. analyse what happened when ‘judicial scriveners’, a lower form of legal professional than ‘bengoshi’, were given rights of audience in lower courts in Japan. Although effects are masked by other issues, the expansion of lawyers available to conduct litigation did not result in increased litigation and clients in general preferred to instruct bengoshi rather than judicial scriveners, despite relatively lower fees. Two legal education articles from China and Australia end this issue. Yuan shows how the theory/practice dichotomy has been played out in the People’s Republic of China since the inception of a new Juris Master degree in 1996. Intended to be more practice oriented, the JM suffered problems from social, cultural and political perspectives. Yuan suggests a competence-based educational scheme of problem-based learning, international perspectives and professional lawyers teaching with practical experience, which might also lessen central state control. Douglas et al. give the views of Australian lawyers on how planning conflicts may be settled by alternative dispute resolution systems. Learning from mentors proved to be a very useful addition to training.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48143120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Relationships between workplace characteristics, psychological stress, affective distress, burnout and empathy in lawyers","authors":"Nora Chlap, Rhondalynn Brown","doi":"10.1080/09695958.2022.2032082","DOIUrl":"https://doi.org/10.1080/09695958.2022.2032082","url":null,"abstract":"ABSTRACT Recent studies indicate that lawyers are at greater risk of experiencing stress, anxiety, depression and burnout symptoms than other occupational groups and the general population. Opinion pieces have suggested that workplace culture and law practice characteristics can explain the distress. However, no empirical studies have considered the potential impact of the factors on lawyer’s mental health or evaluated the potential impact of lawyer’s mental health on their clients. Empathy is an essential component of legal practice especially during client interactions; and prior research in doctors has shown that stress, anxiety, depression and burnout are associated with low empathy. This study examined the relationship between workplace characteristics, psychological stress, affective distress (i.e. anxiety, depression), burnout and empathy in lawyers. Private practice and in-house lawyers (n = 200) completed a questionnaire asking about work-stress, supervisor and organisational support, stress, affective distress, burnout and empathy. Analyses showed that psychological stress and burnout in lawyers was related to greater work-stress and a lack of perceived organisational support, and in turn, psychological stress and burnout were associated with low empathy in lawyers. Results suggest that stressful and unsupportive workplaces may contribute to stress, affective distress and burnout in lawyers that may have implications for lawyer-client interactions.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41522570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ADR practice in planning conflicts: Australian lawyers’ thinking on ADR, training and mentorship","authors":"K. Douglas, R. Goodman, A. Kallies","doi":"10.1080/09695958.2021.2016416","DOIUrl":"https://doi.org/10.1080/09695958.2021.2016416","url":null,"abstract":"ABSTRACT Lawyers’ alternative dispute resolution (ADR) practice is an important part of legal practice and education. In this research project, we explored the views of planning lawyers in Melbourne, Australia who were engaged in the ADR processes of mediation and compulsory conferencing. The participants interviewed endorsed the use of ADR in planning disputes and spoke of the need to adopt a collaborative approach drawing on their negotiation and communication skills. They also spoke of their role providing legal expertise in a complex jurisdiction. The lawyers reflected on the nature of planning disputes where conflict can be emotional as disputes deal with the communities’ lived experience of the built environment and the wider concerns of the planning of cities. The lawyers showed the ability to focus on the larger justice issues that affect the jurisdiction. Additionally, the study explored the lawyers’ views on their training in ADR. While some participants appreciated ADR training courses, many pointed to the benefits of learning from those lawyers experienced in planning law disputes. The research presented here suggests the need for ongoing peer support and mentorship for lawyers in the use of ADR, in addition to training, that is particular to their jurisdiction.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49466457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Integrated-rights practice and partnerships with judicial services: towards a socio-legal practice?","authors":"S. Gibens, Johan Boxstaens, P. Vereecke","doi":"10.1080/09695958.2021.2014853","DOIUrl":"https://doi.org/10.1080/09695958.2021.2014853","url":null,"abstract":"ABSTRACT In Flanders, a renewed Decree on Local Social Policy (2018) introduced the concept of “Integrated-Rights Practice” (IRP). In brief, IRP aims to guarantee social rights by creating local interorganizational networks that foster generalist, pro-active, outreaching, strengths-based and participative social work interventions (Boost et al., 2018). In our paper, we will focus on an ongoing project in which IRP is applied to the specific field of socio-juridical practice in Antwerp. In this project, interorganizational collaboration between different social work services is expanded with partners from the field of justice (courts, lawyers, magistrates, …) in an effort to lower existing thresholds that impair access to justice and lead to non-take-up of rights. In order to evaluate this innovative practice, we use the CAIMeR-model developed by Blom and Morèn (2010). Guided by the theoretical structure of CAIMeR, we designed a methodological framework in which we combine structured direct observations and semi-structured interviews.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42834525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}