International Journal of the Legal Profession最新文献

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The overlooked story of the immigrant lawyer experience in the United States: analyzing income differences in the American legal profession 被忽视的美国移民律师经历:美国法律界收入差异分析
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-02-25 DOI: 10.1080/09695958.2021.1890090
Vitor M. Dias, A. Kirchoff
{"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":"28 1","pages":"367 - 380"},"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}
引用次数: 0
Evaluating the effectiveness of the lawyer disciplinary system in Japan: a study on “repeaters” 评价日本律师惩戒制度的有效性——对“留级者”的研究
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-22 DOI: 10.1080/09695958.2020.1863217
Kay-Wah Chan
{"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":"28 1","pages":"199 - 221"},"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}
引用次数: 0
Criminal legal aid and access to justice: an empirical account of a reduction in resilience 刑事法律援助和诉诸司法:韧性降低的经验解释
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-15 DOI: 10.1080/09695958.2020.1868474
R. Dehaghani, Dan Newman
{"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":"29 1","pages":"33 - 52"},"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}
引用次数: 6
“A lot of people are paying like $5 a week for 20 years”: New Zealand lawyers, discounts, and payment plans “很多人20年来每周只付5美元”:新西兰律师、折扣和付款计划
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-08 DOI: 10.1080/09695958.2020.1863219
Bridgette Toy-Cronin, Louisa Choe, Kayla Stewart
{"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":"28 1","pages":"335 - 349"},"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}
引用次数: 0
The nature of the disciplinary system over Myanmar lawyers: differences from international standards and implications for international legal transplants 缅甸律师惩戒制度的性质:与国际标准的差异及其对国际法律移植的影响
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-08 DOI: 10.1080/09695958.2020.1867148
Jonathan F D Liljeblad
{"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":"28 1","pages":"181 - 198"},"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}
引用次数: 1
Exploring female lawyers’ competence in Ghanaian law firms: clients’ perspective 从客户角度探讨加纳律师事务所女性律师的能力
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-07 DOI: 10.1080/09695958.2020.1863218
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":"29 1","pages":"103 - 121"},"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}
引用次数: 0
From private office to civil service department: cultural change in the Lord Chancellor's Department 1970–1986 从私人办公室到公务员部门:1970–1986年大法官部门的文化变革
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-02 DOI: 10.1080/09695958.2020.1866578
L. Mulcahy, Emma Rowden
{"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":"28 1","pages":"43 - 63"},"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}
引用次数: 1
Government lawyers: technicians, policy shapers and organisational brakes 政府律师:技术人员、政策制定者和组织制动器
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-02 DOI: 10.1080/09695958.2021.1877715
P. Lewis, L. Mulcahy
{"title":"Government lawyers: technicians, policy shapers and organisational brakes","authors":"P. Lewis, L. Mulcahy","doi":"10.1080/09695958.2021.1877715","DOIUrl":"https://doi.org/10.1080/09695958.2021.1877715","url":null,"abstract":"ABSTRACT Government lawyers have been rather neglected by scholars interested in the workings of the legal profession and the role of professional groups in contemporary society. This is surprising given the potential for them to influence the internal workings of an increasingly legalistic and centralised state. This article aims to partly fill this gap by looking at the way that lawyers employed by the government and the administrators they work with talk about their jobs. It draws on the findings of a large-scale empirical study of government lawyers in seven departments, funded by the ESRC and undertaken by Philip Lewis between 2002–2003. By looking at lawyers in bureaucracies the interviews conducted revealed much about the work that government lawyers do, their relationship with other civil servants and the subtle influences on policy that they are able to exert.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"23 - 41"},"PeriodicalIF":0.6,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1877715","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44016147","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}
引用次数: 1
Unlocking the potential of AI for English law 释放人工智能在英国法律领域的潜力
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-02 DOI: 10.1080/09695958.2020.1857765
J. Armour, R. Parnham, M. Sako
{"title":"Unlocking the potential of AI for English law","authors":"J. Armour, R. Parnham, M. Sako","doi":"10.1080/09695958.2020.1857765","DOIUrl":"https://doi.org/10.1080/09695958.2020.1857765","url":null,"abstract":"ABSTRACT This paper discusses how digital technologies including artificial intelligence (AI) reshape the work of lawyers and the organisations that they work for. We overview how AI is being used in legal services, and identify three distinct impacts: AI substitutes automatable legal tasks; AI enhances productivity of lawyers giving advice on the basis of AI-generated outputs; and legal expertise itself augments the deployment of AI when lawyers work as part of a multi-disciplinary team (MDT) encompassing a range of relevant professional expertise. Our survey of English solicitors shows that AI deployment is associated with MDTs, and that MDTs are less prevalent in law firms than in corporations. This latter finding is due to challenges that law firms face as mono-professional partnerships. We find evidence from our interviews that their challenges lie not so much in capital constraints, relaxed via alternative business structures in the UK, but in traditional law firms’ inability to recruit and retain talent other than those in the legal profession. Inadequate adaption is occurring in law firms shifting their structure from a funnel shape to a rocket shape with junior lawyers in partnership tournament working alongside a growing number of non-lawyers whose career paths offer no prospect of partnership.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"65 - 83"},"PeriodicalIF":0.6,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1857765","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45428489","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}
引用次数: 4
Lawyers in society: a celebration of the work of Philip Lewis and his legacy 社会中的律师:对菲利普·刘易斯的工作及其遗产的庆祝
IF 0.6
International Journal of the Legal Profession Pub Date : 2021-01-02 DOI: 10.1080/09695958.2021.1874958
H. Sommerlad, Ole Hammerslev
{"title":"Lawyers in society: a celebration of the work of Philip Lewis and his legacy","authors":"H. Sommerlad, Ole Hammerslev","doi":"10.1080/09695958.2021.1874958","DOIUrl":"https://doi.org/10.1080/09695958.2021.1874958","url":null,"abstract":"ABSTRACT This paper begins by explaining Philip Lewis’s key contribution to the development of legal professions studies, culminating in the three volume comparative work Lawyers in Society to which he contributed and co-edited with Rick Abel [(1988a) Lawyers in Society: Vol I The Common Law World (Berkeley, University of California Press); (1988b) Lawyers in Society: Vol II The Civil Law World (Berkeley, University of California Press); (1989a) Lawyers in Society: Vol III Comparative Theories (Berkeley, University of California Press)]. We discuss how this project led to the establishment of the RCSL International Working Group for Comparative Studies of Legal Professions – http://rcsl.iscte.pt/rcsl_wg_professions.htm – and, thirty years later, inspired our current work: Lawyers in 21st Century Societies https://www.bloomsburyprofessional.com/uk/lawyers-in-21st-century-societies-9781509915156/. We outline the parameters of both studies, focusing particularly on their methodology, and summarise some findings from the current study. We conclude by acknowledging the enormous debt this owes to Philip Lewis.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"5 - 21"},"PeriodicalIF":0.6,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1874958","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45261106","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}
引用次数: 1
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