International Journal of the Legal Profession最新文献

{"title":"From partners to team leaders: tracking changes in the Canadian legal profession","authors":"J. Paquin","doi":"10.1080/09695958.2020.1830098","DOIUrl":"https://doi.org/10.1080/09695958.2020.1830098","url":null,"abstract":"ABSTRACT This article presents an effort to transcend the law vs business dichotomy that usually tends to prevail in discussions on the future of the legal profession, by identifying the various logics to which lawyers are exposed. It uses a computer-assisted analysis of trade magazines from 1985 to 2015 to document the changes that have taken place in lawyers’ perceptions of their work and their role in society over the last thirty years. The results show that, although a professional logic can be found in Canadian lawyers’ discourse, Canadian lawyers are exposed to a variety of logics that provide them with new vocabularies and frames of reference. The decreasing importance of the “professional” discourse suggests that significant changes may be about to take place in the field, as actors develop new strategies to legitimize alternative practices and work configurations.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1830098","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44396389","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":"10.1080/09695958.2020.1834674","DOIUrl":"https://doi.org/10.1080/09695958.2020.1834674","url":null,"abstract":"","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1834674","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42402480","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 One Belt One Road Initiative and China’s lawyers: a work in progress","authors":"Roderick O'brien","doi":"10.1080/09695958.2020.1803877","DOIUrl":"https://doi.org/10.1080/09695958.2020.1803877","url":null,"abstract":"ABSTRACT The “One Belt One Road” Initiative combines the Silk Road Economic Belt and the Twenty-First Century Maritime Silk Road. The hardware of this Initiative is most impressive, particularly in infrastructure construction. By examining the participation of China’s lawyers, we can come to understand the “software” which is vital to the success of this Initiative. We will examine eight points about China’s lawyers: 1. Young and Eastern; 2. “Going Global” Strategy; 3. Preparations; 4. Support Materials; 5. Recruitment of Foreign Lawyers; 6. Dispute Settlement and Arbitration; 7. The Chinese Communist Party; 8. Legal Culture and Ethics. This examination will be largely descriptive, as it is too early to analyse their successes and failures in the new environment. We are observing a work in progress.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1803877","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45997937","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 little more complex”: pro bono commitment in São Paulo corporate law firms","authors":"de Sa e Silva Fabio","doi":"10.1080/09695958.2020.1775602","DOIUrl":"https://doi.org/10.1080/09695958.2020.1775602","url":null,"abstract":"ABSTRACT Pro bono's development in São Paulo, Brazil, has been a conflictive process, resisted by multiple segments in the legal profession. In 2001, this conflict led the São Paulo State Bar to impose regulatory restrictions on pro bono practice. One of these restrictions involved pro bono services to individuals, which firms or any other practitioner were explicitly prohibited from delivering. In 2015, this changed radically. The bar removed most of its restrictions to pro bono. Many expected that this would cause firms to further their commitment to pro bono and, more specifically, to start offering free legal services to needy individuals. This expectation, however, was not met. In the absence of regulatory restrictions, what explains the decision by São Paulo corporate law firms of whether or not to engage in the provision of individual pro bono services? Based on multiple data sources and a multi-staged empirical research process, this article points to a set of institutional forces and cognitive frames that have shaped the development of pro bono in such firms post-2015. These include law firm organizational rationality, “turf wars” over legal aid work, and lawyers' professional idealism.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1775602","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47437851","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":"Judicial recruitment in post-communist context: informal dynamics and façade reforms","authors":"N. Tsereteli","doi":"10.1080/09695958.2020.1776128","DOIUrl":"https://doi.org/10.1080/09695958.2020.1776128","url":null,"abstract":"ABSTRACT This article focuses on judicial recruitment in post-communist countries and highlights gaps between law and practice which are due to intervening informal dynamics. The case study on Georgia is suitable to explore the power of informality in increasingly formalized systems of decision-making and also in the ones that allocate considerable powers to judges. The article draws inspiration from and contributes to the limited but growing scholarship on informality in judicial governance. It relies on extensive empirical research to discern informal criteria and methods for selecting judges which embody the interests and preferences of the judicial elite and turn elaborate formal rules and procedures into the convenient façade that covers up informal dealings. It signals that recruitment mechanisms, even if structured to eliminate independence-threatening dynamics, can emerge as means of perpetuating the mentality of conformity and help prevent the consolidation of counter-elites willing and able to challenge the dominance of the incumbent leadership.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1776128","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46357896","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":"Ethical misconduct by new Australian lawyers: prevalence and prevention","authors":"S. Tang, T. Foley, Vivien Holmes","doi":"10.1080/09695958.2020.1765782","DOIUrl":"https://doi.org/10.1080/09695958.2020.1765782","url":null,"abstract":"ABSTRACT This paper examines the ethical behaviour of new lawyers from two contrasting points of view. First, we review the prevalence and type of ethical misconduct by lawyers in the Australian state of Victoria during their first three years of practice. This examination is based upon data provided by the professional conduct oversight body, the Victorian Legal Services Board & Commissioner. An analysis of this data provides some understanding of how often and what kinds of misconduct occur, and how new lawyers differ from lawyers, however the data yields limited insight into how we might prevent ethical problems. Consequently, we turn to examine the findings from our empirical study into the ethical climate of legal workplaces. That study investigated the perceptions of new lawyers about the ethical climate of their workplaces and revealed that those perceptions influence new lawyers’ understandings of professionalism and ethical conduct, as well as their job and career satisfaction and psychological wellbeing. By interrogating the developmental and situational context in which ordinary ethicality develops or is inhibited, a new opportunity becomes available to shape new lawyers’ practice towards better ethical outcomes.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1765782","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48441974","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":"Am I my corporate’s keeper? Anti-money laundering gatekeeping opportunities of the corporate legal officer","authors":"Doron Goldbarsht","doi":"10.1080/09695958.2020.1761369","DOIUrl":"https://doi.org/10.1080/09695958.2020.1761369","url":null,"abstract":"ABSTRACT This article analyses the importance of including corporate legal officers (also termed general counsel or chief legal officers) in the anti-money laundering (AML) international standard set by the Financial Action Task Force – in particular, the Recommendations dealing with the legal profession. It deconstructs the origins and development of the standard and explores the reasons that led to the inclusion of the legal profession in the AML regime and the ways in which the standard has reshaped regulatory regimes globally. The article fills a void in the existing literature by contemplating the future of the legal professional and the role of corporate legal officers, providing a case study of a profession that is not (yet) required to comply with the AML international standard. This approach differs significantly from that of other literature in the field, which deals comprehensively with the appropriateness of including legal professionals in the AML regime, without considering the impact of exempting CLOs from the regime. The article aims to demonstrate that an understanding of the role of CLOs in the legal profession can shed light on the gaps in the international standard and the consequent risks to the AML regime.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1761369","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42868079","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 five-year gender equality score card for the Philippine Supreme Court under its first woman Chief Justice: opportunities seized and missed","authors":"Emily Sanchez Salcedo","doi":"10.1080/09695958.2019.1646655","DOIUrl":"https://doi.org/10.1080/09695958.2019.1646655","url":null,"abstract":"ABSTRACT On 24 August 2012, the Honourable Maria Lourdes Sereno was appointed Chief Justice of the Philippine Supreme Court, the first woman to hold such position since its establishment in 1901. Several cases involving important women’s issues decided during her term were reviewed in this work, inspired by the possibility that a young, brilliant and hardworking woman of humble beginnings sitting at the helm could make a difference. Indeed, the Chief Justice manifested commendable grit in registering meaningful dissent in Imbong v. Ochoa, where she championed women’s bodily autonomy, and when she wrote a provocative concurrence in Vinuya v. Romulo, where she gave hope to women who suffered wartime atrocities. However, she missed an opportunity to put the rape shield law into good use in deciding People v. Batuhan and Lacturan. Her concurrence was also disappointing in Garcia v. Drilon, where she favoured rational basis review over intermediate level of scrutiny for gender-based classification, in People v. Jumawan where a conviction for marital rape was based on romantic paternalism, in People v. Palotes where additional compensatory damages were not considered for a rape victim who bore a child, in People v. Tionloc where acquittal was based on rape myths, and in People v. Caoili where the Court refused to call rape by its ugly name.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1646655","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45353269","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 Judicial Service Commission and the appointment of Women: more to it than meets the eye","authors":"Tabeth Masengu","doi":"10.1080/09695958.2019.1622547","DOIUrl":"https://doi.org/10.1080/09695958.2019.1622547","url":null,"abstract":"ABSTRACT The Judicial Service Commission (JSC) in South Africa was established in response to a pre-democratic era appointment system rich in patronage, opaqueness, and invariably, inequality. The use of judicial appointment bodies has been recommended by the Commonwealth Latimer House Principles, as a method of preserving judicial independence. However, not much research has been conducted into whether there is an absence of patronage and power dynamics when judicial appointment bodies replace executive type of appointments. This paper suggests that the introduction of appointment bodies does not eradicate privilege and power dynamics as some might believe. Rather, it creates a different type of dynamic that can be harmful for women.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1622547","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46618179","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":"Women and judicial appointments","authors":"U. Schultz, Tabeth Masengu","doi":"10.1080/09695958.2020.1794513","DOIUrl":"https://doi.org/10.1080/09695958.2020.1794513","url":null,"abstract":"The six papers in this special issue deal with various aspects of women in the judiciary in six different countries: two contributions are from sub-Saharan Africa: South Africa and Nigeria, two from Europe: Northern Ireland and Spain and two from very different parts of Asia: Turkey and the Philippines. The papers on Africa and Europe have been presented at an Expert Seminar on Gender and the Judiciary organised by Tabeth Masengu under the auspices of the Human Rights Centre at Ghent University in Belgium on the 27th of April 2018. The two papers on Asia have been developed in the context of a project on Women Judges in Muslim Courts of Law which was an International Research Collaborative for the international socio-legal meeting in Mexico-City in 2017. Adding new countries, this special issue of the International Journal of the Legal Profession complements other international comparative collections on gender issues in the judiciary which have been published in the past years. These include the comprehensive volume with 30 contributions on 19 countries “Gender and Judging” (Schultz and Shaw 2013a), two special issues of the International Journal of the Legal Profession “Women in the Judiciary” (Schultz and Shaw 2012), and “Gender and Judicial Education” (Schultz et al. 2016); and a collection on “Women Judges in the Muslim World” (Lindbekk and Sonneveld 2017) as well as an upcoming issue of the Onati Socio-Legal Online Series on Gender in Muslim courts of Law. National publications are innumerable and still new research projects on related issues are launched, e.g. at the University of Bergen/ Norway on “Women on the Bench. The Role of Female Judges in Fragile States”. Also documentary films on women judges have been produced: e.g. on Ruth Bader Ginsberg, the feminist judge at the American Supreme Court, “RBG” and “On the Basis of Sex” (both 2018), “The Judge” (2018) about the first female Sharía Court judge in Palestine, “Lady Judges in Pakistan” (2013) by Livia and Marius Holden, “Courting Justice” (2010) by Ruth Cowan about Women Judges in South Africa after Apartheid, “Sisters in Law” (2005) about women judges in Kameron. A broad range of subjects related to women in the judiciary are covered in all the mentioned publications. These include topics such as access and careers in the judiciary, dealing with the question: Do women have equal chances in the judiciary, do they have equal representation in higher positions or do they hit the famous glass ceiling? Are they accepted by their colleagues and by clients at court, male and female clients? Is there indecent behaviour and/or discrimination against female judges? Is it easy or particularly difficult for women in the judiciary to find a work/family-life balance? What are impeding factors? What are the prevailing gender images in their societies? Is there a relation between participation of women in the judiciary and prestige and pay? Do women judge differently? In what way may gender, age, ","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1794513","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42789536","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}