{"title":"The sociology of the legal profession in the digital age","authors":"Salvatore Caserta","doi":"10.1080/09695958.2021.1920417","DOIUrl":"https://doi.org/10.1080/09695958.2021.1920417","url":null,"abstract":"ABSTRACT This article explores how classical sociological theories such as functionalism, critical approaches, and Weberian intepretivism, can help understand the legal profession in the digital age. It argues that functionalist approaches allow to explore the changing societal role of lawyers in a digital world. Critical approaches allow for understanding how the legal profession respond to different constellations of actors and other social forces and how it is characterized by internal divisions and stratifications. Finally, Weberian approaches are helpful to reveal how the legal profession legitimizes itself by developing specific legal rationalities in response to societal and political dynamics.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1920417","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47457817","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 professionalism in a context of Uberisation","authors":"M. Thornton","doi":"10.1080/09695958.2021.1901715","DOIUrl":"https://doi.org/10.1080/09695958.2021.1901715","url":null,"abstract":"ABSTRACT From around the millennial turn, Australia was to the fore among common law countries in the liberalisation of legal practice with a range of radical reforms, such as the ownership of firms by non-lawyers and listing on the stock exchange. Albeit not peculiar to Australia, technological innovations, including remote working, digitalised platforms and artificial intelligence (AI), are also dramatically changing the way law is practised. Invariably motivated by profit maximisation, the impact of these reforms poses discomfiting questions for the underlying values of legal professionalism. This article will overview the reforms that have occurred, drawing on a small study of NewLaw firms in Australia and the UK, to illustrate how the “Uberisation” of contemporary legal practice is contributing to a new incarnation of postprofessionalism. The article will also show how the injunction to work at home in response to COVID-19 has given “Uberisation” an adrenalin shot in the arm.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1901715","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44478532","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":"“Trusted to the ends of the earth?” An analysis of solicitors’ disciplinary processes in England and Wales from 1994 to 2015","authors":"A. Boon, A. Whyte","doi":"10.1080/09695958.2021.1889560","DOIUrl":"https://doi.org/10.1080/09695958.2021.1889560","url":null,"abstract":"ABSTRACT This study deals with misconduct cases involving solicitors, the largest legal profession in England and Wales. It covers a 20 year period and focuses in detail on three points during that period: 1994–1996, 2008 and 2015. These points cover different stages during the evolution of the regulatory system from what was arguably the height of legal professionalism to the post-professional system initiated by the revolutionary Legal Services Act 2007. Drawing on detailed studies of disciplinary cases we examine the relationship between professional demography and modes of regulation in determining the outcomes of regulation.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1889560","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44134730","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 overlooked story of the immigrant lawyer experience in the United States: analyzing income differences in the American legal profession","authors":"Vitor M. Dias, A. Kirchoff","doi":"10.1080/09695958.2021.1890090","DOIUrl":"https://doi.org/10.1080/09695958.2021.1890090","url":null,"abstract":"ABSTRACT The study of lawyers and legal professionals has long been fertile ground for socio-legal research. Such inquiries typically emphasize the role of these attorneys in shaping social processes and dealing with social problems, for example, with respect to class, gender, and racial inequality in the profession. By contrast, we present a macro-sociological study that examines how immigrant status influences income stratification among lawyers working in the United States. Contributing to the emerging field of legal demography, we use US Census data to analyze income differences between US-born and immigrant lawyers. The findings unveil how these differences are not due to immigrant status alone, but rather the result of other factors such as race, ethnicity, and gender in combination with immigrant status. Therefore, this inquiry contributes to the literature on the legal profession, law and society, and sociology of work by proposing an intersectional component to the debate on stratification and income inequality among lawyers.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1890090","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46839846","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":"Evaluating the effectiveness of the lawyer disciplinary system in Japan: a study on “repeaters”","authors":"Kay-Wah Chan","doi":"10.1080/09695958.2020.1863217","DOIUrl":"https://doi.org/10.1080/09695958.2020.1863217","url":null,"abstract":"ABSTRACT A lawyer regulatory system will usually include a mechanism to discipline lawyers who have committed misconduct. Such mechanism may have different objective(s) and function(s), which may vary from jurisdictions to jurisdictions. The Japanese system seemingly has, inter alia, deterrent and educational purposes: discouraging further misconduct and/or educating lawyers to reduce recurrence of similar misconduct. This paper focuses on the deterrent function on Japanese lawyers who have been disciplined. Through an empirical analysis of the cases of lawyers who have been disciplined more than once, this paper evaluates the effectiveness of the lawyer disciplinary system in Japan in discouraging the disciplined lawyers from committing misconduct again. It also hypothesises on some of the possible contributory factor(s) for the multiple violations.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1863217","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46038706","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":"Criminal legal aid and access to justice: an empirical account of a reduction in resilience","authors":"R. Dehaghani, Dan Newman","doi":"10.1080/09695958.2020.1868474","DOIUrl":"https://doi.org/10.1080/09695958.2020.1868474","url":null,"abstract":"ABSTRACT This paper examines the work of criminal legal aid solicitors and the state of practice under challenging conditions for the sector. Drawing on an empirical study in south Wales containing 20 semi-structured interviews, it provides original data on the frontline of criminal practice. It is argued – using vulnerability theory – that the challenges facing criminal legal aid solicitors deplete their and their client’s resilience but at the same time bolsters the resilience of the police and prosecution. It further urges that vulnerability theory be used to examine criminal justice in practice, particularly the dynamics between various actors.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1868474","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49209355","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":"“A lot of people are paying like $5 a week for 20 years”: New Zealand lawyers, discounts, and payment plans","authors":"Bridgette Toy-Cronin, Louisa Choe, Kayla Stewart","doi":"10.1080/09695958.2020.1863219","DOIUrl":"https://doi.org/10.1080/09695958.2020.1863219","url":null,"abstract":"ABSTRACT The unaffordability of legal assistance is a widespread problem in New Zealand, as it is in many other common law countries. One way legal assistance is made more accessible is by lawyers offering discounting and payment plans. There is very limited research about how these practices operate and whether they are effective at delivering services to people in need. This article reports the results of a mixed-methods study to investigate New Zealand lawyers’ attitudes to these services, the extent to which they offered them, and how they were structured. The data showed that most lawyers offered discounts and payment plans. The decision to offer these services was generally made on a case-by-case basis and to clients who individual lawyers, in their discretion, considered worthy cases. The amount of the discount was often benchmarked to the legal aid rate but this could still put legal fees out of reach for many clients. While payment plans could offer liquidity for clients to access justice, they could also be problematic, drawing clients into long term debt. Starting with the client’s budget and determining legal fees from that starting point delivers more affordable legal services than the emphasis on discounting and payment plans.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1863219","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44592575","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 nature of the disciplinary system over Myanmar lawyers: differences from international standards and implications for international legal transplants","authors":"Jonathan F D Liljeblad","doi":"10.1080/09695958.2020.1867148","DOIUrl":"https://doi.org/10.1080/09695958.2020.1867148","url":null,"abstract":"ABSTRACT International organizations such as the International Bar Association (IBA), International Commission of Jurists (ICJ), and United Nations (UN) have been engaged in efforts to reform Myanmar's laws regarding the legal profession as part of larger rule-of-law initiatives in the country. Part of such efforts are strategies to change professional conduct rules to match international practices in the regulation of lawyers. The present analysis focuses on the disciplinary mechanisms for lawyers in Myanmar. The analysis seeks to determine the extent to which Myanmar's existing disciplinary mechanisms for lawyers deviate from international standards held by the IBA, ICJ, and UN. The analysis argues that the structural nature of Myanmar’s disciplinary system renders it incapable of meeting international expectations because it sustains British colonial laws that centralized power over lawyers underneath institutions of the state. The analysis identifies the significance of these deviations for international legal transplant efforts.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1867148","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47361194","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}
Samuel Howard Quartey, Beryl Akuffo-Kwapong, Damian Etone
{"title":"Exploring female lawyers’ competence in Ghanaian law firms: clients’ perspective","authors":"Samuel Howard Quartey, Beryl Akuffo-Kwapong, Damian Etone","doi":"10.1080/09695958.2020.1863218","DOIUrl":"https://doi.org/10.1080/09695958.2020.1863218","url":null,"abstract":"ABSTRACT This paper aims to explore how clients perceive the competence of female lawyers in Ghanaian law firms. As an exploratory qualitative study, thematic analytic approach was used to analyse the interview data gathered from 15 clients of law firms. The findings reveal that clients consider the gender of lawyers when making hiring decisions and determining competence. The findings also suggest that clients consider legal expertise, professionalism, knowledgeability, gender attributes, and social interaction as critical determinants of female lawyers’ competence in law firms. We suggest that managers of law firms should understand and consider the role of clients in competence development. Managers of law firms could also manage gender-based competence biases of clients and improve practice management by implementing effective gender policies and client–lawyer relationship management strategies. The wider implication for the gender schema theory is that gender schemas of clients affect competency measurement and assessment. The current competence-based theorizations in management science could consider client perspective.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1863218","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46039352","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":"From private office to civil service department: cultural change in the Lord Chancellor's Department 1970–1986","authors":"L. Mulcahy, Emma Rowden","doi":"10.1080/09695958.2020.1866578","DOIUrl":"https://doi.org/10.1080/09695958.2020.1866578","url":null,"abstract":"ABSTRACT A considerable amount of literature exists on the office of the Lord Chancellor and the unique role of the holders of this office played in the British constitution for many hundreds of years. However, hardly any research has been undertaken on the civil servants that worked in the Lord Chancellor's Office and the way in which they assisted the navigation of a difficult path between matters pertaining to the legislative, executive and judicial branches of government. Drawing on an extensive review of the archives relating to the Courts Act 1971, this article draws attention to the elite band of lawyers who made up the office and the ways in which their scant knowledge of the administration of justice was exposed in the corridors of Whitehall in the years that followed this Act coming into effect. The events we describe are of particular interest because they occurred away from the public gaze, behind the scenes in Whitehall and because they represented a transformation of the role of the office from policy makers to service providers.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1866578","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41434755","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}