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This book presents an invaluable collection of essays by eminent
scholars from a wide variety of disciplines on the main issues
currently confronting legal professions across the world. It does
this through a comparative analysis of the data provided by the
reports on 46 countries in its companion volume: Lawyers in
21st-Century Societies: Vol. 1: National Reports (Hart 2020).
Together these volumes build on the seminal collection Lawyers in
Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988
has seen an acceleration and intensification of the global
socio-economic, cultural and political developments that in the
1980s were challenging traditional professional forms. Together
with the striking transformation of the world order as a result of
the fall of the Soviet bloc, neo-liberalism, globalisation, the
financialisation of capitalism, technological innovations, and the
changing demography of lawyers, these developments underscored the
need for a new, comparative exploration of the legal professional
field. This volume deepens the insights in volume 1, with chapters
on legal professions in Africa, Latin America, the Islamic world,
emerging economies, and former communist regimes. It also addresses
theoretical questions, including the sociology of lawyers and other
professions (medicine, accountancy), state production, the rule of
law, regional bodies, large law firms, access to justice,
technology, casualisation, cause lawyering, diversity (gender,
race, and masculinity), corruption, ethics regulation, and legal
education. Together with volume 1, it will inform and challenge
conceptions of the contemporary profession, and stimulate and
support further research.
This book seeks to provide answers to everything you ever wanted to
know about the law-except what the rules are or ought to be This
book seeks to provide answers to everything you ever wanted to know
about the law-except what the rules are or ought to be. For
centuries, the law has been considered a neutral, objective arena
that sets societal standards and in which conflicting forces
resolve disputes. More recently, however, the interaction between
law and society has been recognized as a two-way street: society
clearly exacts a considerable influence on the practice and
evolution of law. Further, the discrepancy between what the law
mandates and what the social reality is has served as evidence of
the chasm between theory and practice, between the abstraction of
law and its actual societal effects. Examining such issues as the
limits of legal change and the capacity of law to act as a
revolutionary agent, the essays in this book offer a well-rounded
introduction to the relationship between law and society. By
focusing on flashpoint issues in legal studies-equality,
consciousness and ideology, social control--and making ample use of
engaging case studies, The Law and Society Review provides an
invaluable resource for scholars and students alike.
The English legal profession, uncharacteristically, was often in the headlines during the 1990s. Reforms initiated by a Conservative Lord Chancellor and extended by his Labour successor transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. Rapid market developments enriched some barristers and solicitors while squeezing others. The two professional associations confronted crises in self-regulation and governance. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.
This book seeks to provide answers to everything you ever wanted to
know about the law-except what the rules are or ought to be This
book seeks to provide answers to everything you ever wanted to know
about the law-except what the rules are or ought to be. For
centuries, the law has been considered a neutral, objective arena
that sets societal standards and in which conflicting forces
resolve disputes. More recently, however, the interaction between
law and society has been recognized as a two-way street: society
clearly exacts a considerable influence on the practice and
evolution of law. Further, the discrepancy between what the law
mandates and what the social reality is has served as evidence of
the chasm between theory and practice, between the abstraction of
law and its actual societal effects. Examining such issues as the
limits of legal change and the capacity of law to act as a
revolutionary agent, the essays in this book offer a well-rounded
introduction to the relationship between law and society. By
focusing on flashpoint issues in legal studies-equality,
consciousness and ideology, social control--and making ample use of
engaging case studies, The Law and Society Review provides an
invaluable resource for scholars and students alike.
Lawyer misconduct affects many people: clients, adversaries,
opposing counsel, judges, the legal profession, and society at
large. The records of disciplinary proceedings offer a penetrating,
and largely ignored, perspective on how lawyers misbehave. Because
the lawyers' professional lives are at stake, the factual records
are extraordinarily detailed and the lawyers surprisingly open
about their motivations and justifications.
In Lawyers on Trial, Richard L. Abel presents the stories of ten
California lawyers who broke the rules: hiring an ex-cop to chase
ambulances, flouting fee limitations in medical malpractice cases,
creating a fictitious company and impersonating non-existent people
in order to appropriate Sega's computer games, a former California
Real Estate Commissioner defrauding developers and financiers,
helping a represented co-defendant negotiate a plea without his
lawyer's participation or knowledge, and defying a judge's sealing
order and his own client's wishes for closure in order to champion
the "defenseless" and "oppressed" and protect "widows and
children." The book begins by showing how nearly a century of
political struggle over self-regulation shapes the way the
disciplinary system selects and processes cases and concludes by
canvassing reforms that could improve the performance of the legal
profession.
Lawyers on Trialwill be invaluable for those contemplating law
school, law students and teachers of professional responsibility,
continuing legal education classes, lawyers encountering ethical
dilemmas in their practice or trying to understand misbehaving
colleagues, members of the public thinking of retaining a lawyer,
and clients dealing with their own lawyers.
For more than a decade, American lawyers have bewailed the ethical
crisis in their profession, wringing their hands about its bad
image. But their response has been limited to spending money on
public relations, mandating education, and endlessly revising
ethical rules. In this book, Richard Abel will argue that these
measures will do little or nothing to solve the problems
illustrated by the six disciplinary case studies featured in this
book unless the legal monopoly enjoyed by attorneys in the U.S. is
drastically contracted.
Richard Abel examines some of the most common ethical complaints
made about lawyers in Lawyers in the Dock. Using detailed records
of disciplinary proceedings, he describes the actions surrounding
certain cases based on three of the most common complaints:
neglecting the client by failing to pursue cases diligently;
overcharging of clients by mystifying billing practices; and
betraying adversaries and courts out of excessive loyalty to
clients or causes.
In this book, Richard Abel will argue that these measures will do
little or nothing to solve the problems exposed by his six
disciplinary case studies unless structural changes are made to the
legal monopoly in order to restore the public trust in lawyers.
Lawyers in the Dock is essential reading for lawyers, law students,
and potential clients who wish to restore trust and professional
responsibility in the legal profession.
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.
For more than a decade, American lawyers have bewailed the ethical
crisis in their profession, wringing their hands about its bad
image. But their response has been limited to spending money on
public relations, mandating education, and endlessly revising
ethical rules. In Lawyers in the Dock, Richard L. Abel argues that
these measures will do little or nothing to solve the problems
illustrated by the six disciplinary case studies featured in this
book unless the legal monopoly enjoyed by attorneys in the U.S. is
drastically contracted.
Richard Abel examines some of the most common ethical complaints
made about lawyers in Lawyers in the Dock. Using detailed records
of disciplinary proceedings, he describes the actions surrounding
certain cases based on three of the most common complaints:
neglecting the client by failing to pursue cases diligently;
overcharging of clients by mystifying billing practices; and
betraying adversaries and courts out of excessive loyalty to
clients or causes. Richard Abel argues that these measures will do
little or nothing to solve the problems exposed by his six
disciplinary case studies unless structural changes are made to the
legal monopoly in order to restore the public trust in lawyers.
Lawyers in the Dock is essential reading for lawyers, law students,
and potential clients who wish to restore trust and professional
responsibility in the legal profession.
Based on an extensive survey of historical, sociological, and legal sources, American Lawyers traces the development of the legal profession during the past century.
The world's legal professions have undergone dramatic changes in
the 30 years since publication of the landmark three-volume Lawyers
in Society, which launched comparative sociological studies of
lawyers. This is the first of two volumes in which scholars from a
wide range of disciplines, countries and cultures document and
analyse those changes. The present volume presents reports on 46
countries, with broad coverage of North America, Western Europe,
Latin America, Asia, Australia, North Africa and the Middle East,
sub-Saharan Africa, and former communist countries. These national
reports address: the impact of globalisation and neoliberalism on
national legal professions (the relationship of lawyers and their
professional associations to the state and tensions between state
and citizenship); changes in lawyer demography (rapidly growing
numbers and the profession's efforts to retain control, the entry
of women and obstacles to full gender equality, ethnic diversity);
legal education (the proliferation of institutions and pedagogic
innovation); the regulation of lawyers; structures of production
(especially the growth of large firms and the impact of technology
and paraprofessionals); the distribution of lawyers across roles;
and access to justice (state-funded legal aid and pro-bono
services). The juxtaposition of the reports reveals the dramatic
transformations of professional rationales, labour markets, and
working practices and the multiple contingencies of the role of
lawyers in societies experiencing increasing juridification within
a new geopolitical order.
The US 'war on terror' has repeatedly violated fundamental rule of
law values. When executive and legislature commit such egregious
wrongs, courts represent the ultimate defense. Law's Trials: The
Performance of Legal Institutions in the US 'War on Terror' offers
the first comprehensive account of judicial performance during the
sixteen years of the Bush and Obama administrations. Abel examines
criminal prosecutions of alleged terrorists, courts martial of
military personnel accused of law of war violations, military
commission trials of 'high value detainees', habeas corpus
petitions by Guantanamo detainees, civil damage actions by victims
of both the 'war on terror' and terrorism, and civil liberties
violations by government officials and Islamophobic campaigners.
Law's Trials identifies successful defenses of the rule of law
through qualitative and quantitative analyses, comparing the
behavior of judges within and between each category of cases and
locating those actions in a comparative history of efforts to
redress fundamental injustices.
This reprint from 1988, originally titled The Legal Profession in
England and Wales, recounts the creation of the profession there
during the nineteenth and twentieth centuries through a
sociological lens. Abel (law, U. of California, Los Angeles)
discusses the social organization of the profession, centering on
barristers and solicitors, their dem
In this reprint from 1988, Abel (law, U. of California, Los
Angeles) and Lewis (Centre for Socio-Legal Studies, Oxford, UK) put
together eight chapters in which contributors, who are sociology
and law professors from around the world, each describe the law
profession in their respective countries: Canada, the US, Scotland,
England and Wales, Austra
This is the second of three volumes on the comparative sociology of
legal professions. Whereas the first volume looked at the major
common law countries, this one shifts attention to eleven civil law
professions, looking at Belgium, Brazil, Germany, France, Italy,
Japan, the Netherlands, Norway, Spain, Switzerland, and Venezuela.
Abel (law, U. of C
The US 'war on terror', which Bush declared and Obama continued,
repeatedly violated fundamental rule of law values. Law's Wars: The
Fate of the Rule of Law in the US 'War on Terror' is the first
comprehensive account of efforts to resist and correct those
violations. It focuses on responses to abuses in Abu Ghraib,
efforts by Guantanamo Bay detainees to improve conditions of
confinement in and win release, exposes of and efforts to end
torture and electronic surveillance, and civilian casualties on the
battlefield, including targeted killings. Abel deploys a law and
society perspective to construct and analyze detailed narratives of
the roles of victims, whistle-blowers, the media, NGOs, lawyers,
doctors, politicians, military personnel, foreign governments and
international organizations in defending the rule of law. Only by
understanding past errors can we hope to prevent their repetition
in what promises to be an endless 'war on terror'.
The feminist campaign against pornography, the furore over a racial
epithet in the O.J. Simpson trial, and Iran's continuing threat to
kill Salman Rushdie exemplify the intense passions aroused by
hurtful speech. In this study Richard Abel offers an original
framework for understanding and attempting to resolve these
pervasive and intractable conflicts. Drawing on sociological
theories of symbollic politics, he views such confrontations as
struggles for respect among status categories defined by
nationality, religion, race gender, sexual orientation and physical
difference. The text seeks to expose the inadequacies of the
conventional responses to speech: absolutist civil libertarianism
and enthusiastic state regulation. Instead the author argues that
only apologies exchanged within the communities that construct
collective identities can readjust social standing damaged by
hurtful words and images. Abel recasts the problem in terms of
equalizing cultural capital and aims to open a new pathway through
the wrongs and rights of speech.
This is the last of three volumes on the comparative sociology of
legal professions. Unlike the first two, which offered reports on
individual country systems, this text uses national reports and
other data sources to explore a variety of theoretical and
methodological issues. Editors Abel (law, U. of California at Los
Angeles, US) and Lewis (Centr
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