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English Lawyers between Market and State - The Politics of Professionalism (Paperback)
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English Lawyers between Market and State - The Politics of Professionalism (Paperback)
Series: Oxford Socio-Legal Studies
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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.
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