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Books > Law > Jurisprudence & general issues > Legal profession > General
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.
"Risks, Reputations, and Rewards" looks at a variety of
interrelated questions about contingency fee legal practice: What
is the nature of the contingency fees that lawyers charge? How do
lawyers get and screen potential cases? How do contingency fee
lawyers interact with their clients and opponents? What is involved
in settling these cases? What types of returns do contingency fee
cases produce? And what role does reputation play in contingency
fee practice? The author argues that to be successful, contingency
fee lawyers must generate a portfolio of cases, similar to an
investment portfolio with its associated risk. This has a
significant impact on how contingency fee lawyers obtain and select
cases, manage their work, and deal with the pressures that arise in
settling cases. More important, understanding the work of
contingency fee lawyers in terms of an ongoing practice rather than
in terms of individual cases mitigates some of the significant
conflicts that may exist between lawyers and clients.
In countries outside the developed world, although writers have written commentaries on specific legal codes, very little attention has been given to legal writing which has focused specifically on the ethics of the legal profession. This book makes a special contribution in that regard providing, as it does, a comparative study of prevailing efforts to enhance ethical standards in a profession potentially in crisis and under much public scrutiny. Countries which have been examined include the UK, the US, Canada, South Africa, and countries in the Pacific, South East Asia and the Caribbean. Valuable guidance and learning are provided on such topical issues as wasted costs orders, conflicts of interests, legal and judicial codes, confidentiality, privilege and the ethics of the criminal process, where the jury system comes in for critical evaluation. This book will be a valuable text on the ethics and status of the profession. It will be of considerable interest to law students, practitioners and legal academics, Bar Associations, Attorneys-General and Directors of Public Prosecutions as well as members of the judiciary.
Sir Matthew Hale (1609-76) was the best-known judge of the Commonwealth under Oliver Cromwell, but he nonetheless rose to be Lord Chief Justice under King Charles II. His constitutional ideas are of interest both to lawyers and to historians of political thought; but he also wrote extensively on scientific and religious questions, in ways that illustrate the birth of early Enlightenment attitudes to both. This book surveys all aspects of Hale's work, and supplies fresh perspectives on revolutionary developments in science and religion, as well as politics.
On April 7, 1988, Albie Sachs, an activist South African lawyer and a leading member of the ANC, was car-bombed in Maputo, the capital of Mozambique, by agents of South Africa's security forces. His right arm was blown off, and he lost sight in one eye. This intimate and moving account of his recovery traces the gradual recuperation of his broken body and his triumphant reentry into the world, where his dream of soft vengeance was realized with the achievement of democracy in South Africa. This book captures the spirit of a remarkable man: his enormous optimism, his commitment to social justice, and his joyous wonder at the life that surrounds him. A new preface and epilogue reflect on the making of Abby Ginzberg's documentary film titled "Soft Vengeance: Albie Sachs and the New South Africa." (For information about the film, see www.softvengeancefilm.org.)
The true story of the defender of the Chicago 7 Alternately vilified as a publicity-seeking egoist and lauded as a rambunctious, fearless advocate, William Kunstler consistently embodied both of these qualities. Kunstler's unrelenting, radical critique of American racism and the legal system took shape as a result of his efforts to enlist the federal judicial system to support the civil rights movement. In the late 60s and the 70s, Kunstler, refocusing his attention on the Black Power and anti-war movement, garnered considerable public attention as defender of the Chicago Seven, and went on to represent such controversial figures as Leonard Peltier, the American Indian Movement leader charged with killing an FBI agent, and Jack Ruby, the killer of Lee Harvey Oswald. Later, Kunstler briefly represented Colin Ferguson, the Long Island Railroad mass murderer, outraging fans and detractors alike with his invocation of the infamous "black rage" defense. Defending those most loathed by mainstream, conventional America, William Kunstler delighted in taking on fiercely political cases, usually representing society's outcasts and pariahs free of charge and often achieving remarkable courtroom results in seemingly hopeless cases. Though Kunstler never gave up his revolutionary underpinnings, he gradually turned from defending clients whose political beliefs he personally supported to taking on apolitical clients, falling back on the broad rationale that his was a general struggle against an oppressive government. What ideological and tactical motives explain Kunstler's obsessive craving for media attention, his rhetorical flourishes in the courtroom and his instinctive and relentless drive for action? How did Kunstler migrate from a comfortable middle-class background to a life as a staunchly rebellious figure in social and legal history? David Langum's portrait gives depth to the already notorious breadth of William Kunstler's life.
The authors look at how divorce lawyers actually work to address the question of legal professionalism in practice. Through a detailed and systematic study of legal practice at the micro level, they show how lawyers create their own controls over work through their social relationships, formal and informal norms, common knowledge, and shared values. While much of the research on legal professionalism centers on the formal standards of the bar as reflected in codes of professional responsibility, Mather et al. show how the discretionary judgments that lawyers make, and the choices they face, are actually understood in relation to norms and standards of other lawyers with whom they interact or compare themselves.
The authors look at how divorce lawyers actually work to address the question of legal professionalism in practice. Through a detailed and systematic study of legal practice at the micro level, they show how lawyers create their own controls over work through their social relationships, formal and informal norms, common knowledge, and shared values. While much of the research on legal professionalism centers on the formal standards of the bar as reflected in codes of professional responsibility, Mather et al. show how the discretionary judgments that lawyers make, and the choices they face, are actually understood in relation to norms and standards of other lawyers with whom they interact or compare themselves.
Competition is fierce to secure a training contract with a firm of solicitors. Undergraduates, postgraduates and those on the LPC all find the task equally difficult. This new book provides practical solutions to many of these problems. Clearly laid-out, easy-to-read and informative, it includes useful advice on such areas as: drafting CVs; writing covering letters to apply for training contracts; researching the market place; getting the best value out of work experience; selecting firms; interview approaches and techniques; accessing sources of finance. The book aims to be a useful source of reference and offer practical tips for anyone wishing to enter the legal profession.
Thesecondeditionofthis workdemonstrates how substantiallythe field ofcomputers and law has moved. In the first edition, some 78 pages were givenover to the description ofhardwareand software description - almost an 'introduction to computing' for lawyers. Now, in this edition, the general expertise which exists amongst lawyers and the availability ofgood, easily assimilated information concerning the new technologies allows us to minimise this kind of material and move over to more substantive issues. Students no longer have to be told where the 'return' key is, and lawyers are aware of, for example, practice management software. Not only is the general level of understanding greater, but the computer itself has substantiallydeveloped, partlythroughbecomingmore power- ful for lesscost, and partly through the communications revolution known as the 'Internet'. Thishas allowed us to develop areas ofthe first edition which were not looked at due to space reasons: the result is acompletelydifferentbook. The preface to the first introduction made mention of the nega- tive view whichlaw teachers generallyhad ofthe role ofcomputers and law within the curriculum. This has changed drastically and it isnow almost universally the case that law schoolsencourage com- puter literacy amongst students and almost all staff are computer literate. This student literacy is seen as a skill for a future career, as well as a skill required by the law student during their education.
The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits corrodes their core business model. Modern technology can now handle routine legal tasks like drafting incorporation papers and wills, reducing the need to hire lawyers; tort reform and other regulations on litigation have had the same effect. As in all areas of today's economy, there are some big winners; the rest struggle to find work, or decide to leave the field altogether, which leaves fewer options for consumers who cannot afford to pay for Big Law. It would be easy to look at these enormous challenges and see only a bleak future, but Ben Barton instead sees cause for optimism. Taking the long view, from the legal Wild West of the mid-nineteenth century to the post-lawyer bubble society of the future, he offers a close analysis of the legal market to predict how lawyerly creativity and entrepreneurialism can save the profession. In every seemingly negative development, there is an upside. The trend towards depressed wages and computerized legal work is good for middle class consumers who have not been able to afford a lawyer for years. The surfeit of law school students will correct itself as the law becomes a less attractive and lucrative profession. As Big Law shrinks, so will the pernicious influence of billable hours, which incentivize lawyers to spend as long as possible on every task, rather than seeking efficiency and economy. Lawyers will devote their time to work that is much more challenging and meaningful. None of this will happen without serious upheaval, but all of it will ultimately restore the health of the faltering profession. A unique contribution to our understanding of the legal crisis, the unconventional wisdom of Glass Half Full gives cause for hope in what appears to be a hopeless situation.
Is a career in law right for you?
Over the past five years, the American Bar Association and legal educators themselves have been expanding the discussion of professional responsibility. Traditionalists state that lawyers must maximize the gain for their client regardless of whether that means turning a blind eye to behavior or facts which may serve justice but hinder the client's case.In "Why Lawyers Behave as They Do, " Paul Haskell explains the professional rules that govern how lawyers behave and which permit--or require--conduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternative--and controversial--model of behavior.
In the last thirty years, the number of lawyers in the United
States and Canada has more than tripled, and today as many women as
men are entering legal practice. The sudden, dramatic increase of
women in the profession would seem to signify a new era of equality
in the legal profession. However, stereotypes about women's
abilities to balance responsibilities at work and home hamper their
upward mobility in this male-dominated field. Battling sexual
discrimination, women in law grapple with long-held assumptions
about parenting, inferring that women eventually abandon their
careers in order to take care of home and children. A large
percentage of women leave the profession dissatisfied and
distressed or seek part-time solutions, and those women who do stay
in practice often find there is a ceiling on their status and
monetary compensation.
THE SUNDAY TIMES BESTSELLER SHORTLISTED FOR THE CWA NON-FICTION DAGGER 'Thomas Grant has brought together Hutchinson's greatest legal hits, producing a fascinating episodic cultural history of post-war Britain that chronicles the end of deference and secrecy, and the advent of a more permissive society . . . Grant brings out the essence of each case, and Hutchinson's role, with clarity and wit' Ben Macintyre, The Times 'An excellent book . . . Grant recounts these trials in limpid prose which clarifies obscurities. A delicious flavouring of cool irony, which is so much more effective than hot indignation, covers his treatment of the small mindedness and cheapness behind some prosecutions' Richard Davenport-Hines, Guardian Born in 1915 into the fringes of the Bloomsbury Group, Jeremy Hutchinson went on to become the greatest criminal barrister of the 1960s, '70s and '80s. The cases of that period changed society for ever and Hutchinson's role in them was second to none. In Case Histories, Jeremy Hutchinson's most remarkable trials are examined, each one providing a fascinating look into Britain's post-war social, political and cultural history. Accessibly and entertainingly written, Case Histories provides a definitive account of Jeremy Hutchinson's life and work. From the sex and spying scandals which contributed to Harold Macmillan's resignation in 1963 and the subsequent fall of the Conservative government, to the fight against literary censorship through his defence of Lady Chatterley's Lover and Fanny Hill, Hutchinson was involved in many of the great trials of the period. He defended George Blake, Christine Keeler, Great Train robber Charlie Wilson, Kempton Bunton (the only man successfully to 'steal' a picture from the National Gallery), art 'faker' Tom Keating, and Howard Marks who, in a sensational defence, was acquitted of charges relating to the largest importation of cannabis in British history. He also prevented the suppression of Bernardo Bertolucci's notorious film Last Tango in Paris and did battle with Mary Whitehouse when she prosecuted the director of the play Romans in Britain. Above all else, Jeremy Hutchinson's career, both at the bar and later as a member of the House of Lords, has been one devoted to the preservation of individual liberty and to resisting the incursions of an overbearing state. Case Histories provides entertaining, vivid and revealing insights into what was really going on in those celebrated courtroom dramas that defined an age, as well as painting a picture of a remarkable life. To listen to Jeremy Hutchinson being interviewed by Helena Kennedy on BBC Radio 4's A Law Unto Themselves, please follow the link: http://www.bbc.co.uk/programmes/b04d4cpv You can also listen to him on BBC Radio 4's Desert Island Discs with Kirsty Young: http://www.bbc.co.uk/programmes/b03ddz8m
Offers complete, accessible information on every topic of concern to law students ranging from the LSAT, the Bar Exam, Law Review, computerized research and videotape study aids to obtaining that important clerkship or job. Includes recent data on demographics of law school applicants, current salaries for a variety of legal careers, nontraditional courses, legal clinics, detailed discussions regarding the latest law trends such as deregulation and insider trading. Will appeal to law students at all stages of their education.
When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.
This book delineates the limits that define, and the tensions that beset, the process of conceiving how laws connect and interact with morals and facts-about the ways we do think about these connections and interactions, not about the ways we should think.
Every lawyer wants to be a good lawyer. They want to do right by their clients, contribute to the professional community, become good colleagues, interact effectively with people of all persuasions, and choose the right cases. All of these skills and behaviors are important, but they spring from hard-to-identify foundational qualities necessary for good lawyering. After focusing for three years on getting high grades and sharpening analytical skills, far too many lawyers leave law school without a real sense of what it takes to be a good lawyer. In The Good Lawyer, a follow up to their book The Happy Lawyer, law professors Douglas O. Linder and Nancy Levit combine evidence from the latest social science research with numerous engaging accounts of able attorneys at work to explain just what makes a good lawyer. They organize the book around the qualities they see as crucial: courage, empathy, integrity, realism, a strong sense of justice, clarity of purpose, and an ability to transcend emotionalism. But as the authors point out, each one must be apportioned in the right measure, and achieving the right balance is difficult. Lawyers need to know when to empathize and also when to detach; courage without an appreciation of consequences becomes recklessness. And what do you do in tricky situations, where the urge to deceive is high? How can you maintain focus through a mind-taxing (or mind-numbing) project? Every lawyer faces these problems at some point - they're inherent in the nature of the work-but if properly recognized and approached, they can be overcome. It's not easy being good - quality is less something one grasps and hangs onto than a goal that requires constant striving and attention - but this engaging guide will serve as a handbook for any lawyer trying not only to figure out how to respond to difficult situations, but how to become a better - meaning both more competent and more virtuous - lawyer.
In this practical "how to" guide, Bjarne P Tellmann, General Counsel draws upon more than 20 years of leading top legal organisations to provide a structured plan for upgrading your legal team in an age of disruption. The challenge: In an era of exponential change, the role of the general counsel (GC) has become one of the most complex, intense and challenging in the corporate world. GCs, must lead, unify and inspire diverse groups of people across the globe with subtlety and diplomacy. The stakes have never been higher and the consequences of getting it wrong can be existential. GCs must react to these challenges with ever-fewer resources and at a time when the legal profession itself is undergoing disruption. The response: To succeed in this "new normal", GCs must become their own chief executives. They must lead, communicate, inspire, build cultures, manage talent, formulate and execute strategies, ensure efficacy, anticipate and manage risk and manage quality control - all in addition to being top-notch lawyers. This book gives GCs the battle plan they need to get there in three parts.
The women's movement and increasing social consciousness regarding gender disparity and discrimination has helped to make gains over the past several decades to reduce gender disparity for women in the workplace. However, gender discrimination and disparity continue to exist. Women continue to receive lower wages, and fewer opportunities for promotion and professional advancement - and this is particularly true in male dominated professions such as criminal justice. Building on original qualitative data, this book explores the experiences of female criminal justice professionals who have risen to the top of their professional ladders. The book includes first-hand narrative accounts of high ranking successful professional women working across a range of fields such as policing, courts, corrections, victim and restorative justice services and criminal justice research agencies in the United States and Canada. This book highlights the barriers that successful female criminal justice professionals have to overcome to obtain their positions, and identifies key themes that these women see as having allowed them to break through those barriers and to navigate their professional environments. This book provides students interested in entering the criminal justice field - and working professionals already in the field - with knowledge about women who have risen through the ranks and up the professional ladder to break through the glass and the brass ceilings of their profession.
While legal technology may bring efficiency and economy to business, where are the people in this process and what does it mean for their lives? Brings together leading judges, academics, practitioners, policy makers and educators from countries including India, Canada, Germany, United Kingdom South Africa and Nigeria Includes contributions from Roger Smith, Dory Reiling, Christian Djeffal, George Williams and Odunoluwa Longe Offers a dialogue between theory and practice by presenting practical and reflective essays on the nature of changes in the legal sector Analyses technological changes taking place in the legal sector, situates where these developments have taken place, who has brought it about and what impact has it had on society Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices. Courts and legal institutions can often be out of reach because of costs, distance, or a lack of knowledge of rights and entitlements and judicial institutions may be under-funded leading to poor judicial infrastructure, inadequate staff, and limited resources to meet the needs of those who require such services. This book sets out to embed access to justice into mainstream discussions on the future of law and to explore how this can be addressed in different parts of the legal industry. It examines what changes in technology mean for the end user, whether an ordinary citizen, a client or a student. It looks at the everyday practice of law through a sector wide analysis of law firms, universities, startups and civil society organizations. In doing so, the book provides a roadmap on how to address sector specific access to justice questions and to draw lessons for the future. The book draws on experiences from judges, academics, practitioners, policy makers and educators and presents perspectives from both the Global South and the Global North.
More than 700 concise biographies of leading figures in the history of American law, from the colonial era to the present day This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others-the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others |
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