Pub Date : 2020-01-02DOI: 10.1080/09695958.2019.1706528
A. Pivaty, M. Vanderhallen, Y. Daly, V. Conway
ABSTRACT The shifting focus of criminal proceedings from the trial to the pre-trial stages leads to a changing role of criminal defence practitioners across Europe. European criminal defence lawyers are now expected to enter the proceedings earlier and exercise “active” and “participatory” defence as early as the investigative stage. Criminal lawyers, trained in the traditional trial-centred paradigm, are ill-prepared for this role, which results in an important skills gap. Legal representation at the investigative stage presents unique challenges, such as shortage of information, time pressures and the closed nature of pre-trial proceedings. It requires lawyers to operate in a more complex communication environment, than the one to which they have been accustomed. This article sets out the main elements of a professional training programme aiming to fill in the emerging skills gap. The training programme (SUPRALAT) was successfully implemented in Belgium, Hungary, Ireland and the Netherlands, and is being expanded further. The training focuses on effective communication skills, experiential learning and the development of reflective skills. It includes elements of interprofessional training and encourages the development of “communities of practice”.
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Pub Date : 2020-01-02DOI: 10.1080/09695958.2020.1742913
A. Sherr
Melville et al. open this year’s Journal with a study of the effects of international mobility on the biographies of academics from Australian law schools. Looking at the career trajectories of 700 individual academics, a quarter had obtained their first degrees outside Australia and over a third obtained their highest qualification in elite schools outside before returning to work in Australia. Forty-one per cent had been employed overseas. Most of this experience was in the developed world. Some interesting findings show whether there is a career advantage to this mobility, and there is a discussion of the different gender possibilities for mobility. Pivaty et al. expose the skills gap which has appeared for European lawyers involved in criminal cases where they must now become involved from the earliest “interrogation”. At the same time, actual criminal trials are decreasing across Europe and decisions are made managerially at an earlier stage. Lawyers trained for the theatre of the courtroom find themselves unprepared for this shifting focus of criminal proceedings. Systems which have existed for some time in England and Wales are considered for the training of lawyers handling the investigative stage in countries across the rest of Europe. Barbero attempts to discover the purpose of lawyers working as public defenders for immigrant clients in Spain. The “migration industry” is described and the place of lawyers for immigrants within it. Despite poor pay, and sometimes no pay, the sense of working for a public cause and commitment to clients keeps immigration defence work in place. Shen asks whether women judges in China possess different values in deciding cases relating to women offenders. The difficulty of presenting a truly female or feminist approach in a patriarchal environment is noted and the need to develop more awareness of feminist views within the female Chinese judiciary. Male judges are assumed to be able to take the pressure of the work better and have closer political connections to power. Women offenders are seen as doubly deviant, breaking the law and patriarchal society’s code for female decency. Practical family issues such as the needs of children would not be taken into account. Feminist attitudes among women judges remain “latent and unactivated.” Mundy and Seuffert describe particular progress in a project among some law firms in New South Wales, Australia, for diversity and inclusion of women. Although this compares well with suggested best practice, it is yet to achieve significant change. Good reading
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Pub Date : 2019-09-02DOI: 10.1080/09695958.2019.1682589
Morgan K Doherty, P. Schmidt
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Pub Date : 2019-09-02DOI: 10.1080/09695958.2019.1687125
A. Sherr
Welcome to the final Issue of 2019. Semple’s work on the difficulties of “personal plight” clients in finding and assessing appropriate lawyers in Ontario shows how competition is suppressed by high search costs, difficulties in comparing price and quality and contingency-based prices in tortious cases. Alternatives to attempts in increasing competition by Regulators are discussed, and the UK attempt to foster demand-side competition is mentioned. Li, on the other hand, questions the need for regulation of lawyers in a fast-changing environment in which online information is increasingly available and not subject to regulation, and business and managerial forms are transforming to satisfy the needs especially of corporate clients, who are much more in the driving seat with their lawyers, in what Li describes as a “buyers market”. Surveying the latest innovation initiatives and alternative business models in China, with its highly regulated profession, Li asks whether and where more liberal approaches might be applied to appropriate client services. Continuing the theme of more sensitively designed regulation Moore, Forster, Diesfeld and Rychert research into how New Zealand lawyer disciplinary tribunals face up to the needs of vulnerable clients. They suggest that disciplinary bodies need to take the nature of the clients into account and that risk-reducing lawyers need to be more client-centred in their work. Bogdanova researched how Russian Law Schools understand their objectives in producing the “ideal lawyer”. Reacting to the post-Soviet legal education reforms and dealing with regulations governing higher legal education, law schools are forced to balance the state standards of higher education and external legal, social, economic, and political challenges. This seems to challenge the revival of the Soviet model of the “ideal jurist”. Kisilowski shows how the formalist approaches of the Polish legal profession assisted them under the Communist regime, but left them open to being undermined by major changes under the government of the populist Law and Justice Party. We hope you enjoy this issue which concludes with a Book Review of “White Shoe: How a New Breed of Wall Street Lawyers Changed Big Business and the American Century”.
欢迎来到2019年的最后一期。Semple关于“个人困境”客户在安大略省寻找和评估合适律师方面的困难的研究表明，在侵权案件中，高昂的搜索成本、难以比较价格和质量以及基于权变的价格是如何抑制竞争的。本文讨论了监管机构试图增加竞争的替代方案，并提到了英国培育需求方竞争的尝试。另一方面，李质疑在一个快速变化的环境中对律师进行监管的必要性，在这个环境中，网络信息越来越多，不受监管，商业和管理形式正在转变，以满足企业客户的需求，尤其是企业客户，他们更多地掌握了律师的主动权，李称之为“买方市场”。调查了中国最新的创新举措和其他商业模式，以及高度监管的行业，李问道，是否以及在哪里可以采用更自由的方法来提供适当的客户服务。Moore、Forster、Diesfeld和Rychert继续以更敏感的监管设计为主题，研究了新西兰律师纪律法庭如何面对弱势客户的需求。他们建议，纪律机构需要考虑到客户的性质，而降低风险的律师需要在工作中更加以客户为中心。博格达诺娃研究了俄罗斯法学院如何理解他们培养“理想律师”的目标。为了应对后苏联法律教育改革和应对高等法律教育的规定，法学院被迫在国家高等教育标准和外部法律、社会、经济和政治挑战之间取得平衡。这似乎对苏联“理想法学家”模式的复兴提出了挑战。基西洛夫斯基展示了波兰法律界的形式主义方法是如何在共产主义政权下帮助他们的，但却让他们在民粹主义的法律与正义党(Law and Justice Party)政府的重大变革中受到破坏。我们希望你喜欢这期，它以一篇书评《白鞋:新一代华尔街律师如何改变大企业和美国世纪》结尾。
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Pub Date : 2019-07-30DOI: 10.1080/09695958.2019.1646654
Maciej Kisilowski
ABSTRACT Since 2015 the populist government of the Law and Justice Party in Poland has spearheaded a highly effective campaign against the country’s lawyers, encountering relatively muted social opposition. Using Bourdieuan lenses, the article traces the roots of that remarkable institutional weakness of the Polish legal profession to the highly formalist approach to law and legal thinking that Poland’s lawyers espoused. Prior to the fall of communism, and in democratic Poland, the role of lawyers in society was to act as guardians of “neatness” of the legal system – or that system’s internal clarity, cohesion, and completeness. Such a sterile approach to legal practice was initially attractive, among other reasons, because it protected the legal profession from difficult legitimacy challenges stemming from that profession’s pre-1989 coexistence with the communist regime. With time, however, the refuge that formalism offered became a trap that undermined lawyers’ political and economic power.
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Pub Date : 2019-07-12DOI: 10.1080/09695958.2019.1637743
Elena A. Bogdanova
ABSTRACT This article describes how Russian law schools understand their objectives today and whether there is an ideal model of a jurist to which law schools should conform. Different qualitative methods were used in this study, including a review of the post-Soviet legal education reforms, analysis of regulations governing higher legal education, analysis of websites, and expert semi-structured interviews with heads of law schools. The results demonstrate the difficulties faced by law schools, which are forced to balance the state standards of higher education and external legal, social, economic, and political challenges. The study concludes that law schools are experiencing serious difficulties with respect to understandings of their objectives as well as the current redefinition of the normative ideal model of a jurist. The study also makes it possible to draw conclusions about the importance of legal knowledge, different ways of understanding prestige in the legal profession, and the revival of features of the Soviet model of the “ideal jurist.”
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ABSTRACT In the West, women have practiced law and advocated greater gender diversity in the legal profession for more than a century. In Qatar, concepts such as “equality of opportunity” and “diversity or inclusion in the profession” are virtually unexplored by research and only beginning to appear in casual conversations. While the number of women studying law in Qatar has significantly increased, the number of women practicing law as prosecutors, judges and lawyers has not directly correlated. This article will use Qatar as a case study to analyze how culture and modern development affect the feminization of Qatar’s bar and bench.
{"title":"The emerging legal profession in Qatar: diversity realities and challenges","authors":"Melissa Deehring","doi":"10.2139/ssrn.3328067","DOIUrl":"https://doi.org/10.2139/ssrn.3328067","url":null,"abstract":"ABSTRACT In the West, women have practiced law and advocated greater gender diversity in the legal profession for more than a century. In Qatar, concepts such as “equality of opportunity” and “diversity or inclusion in the profession” are virtually unexplored by research and only beginning to appear in casual conversations. While the number of women studying law in Qatar has significantly increased, the number of women practicing law as prosecutors, judges and lawyers has not directly correlated. This article will use Qatar as a case study to analyze how culture and modern development affect the feminization of Qatar’s bar and bench.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"219 - 243"},"PeriodicalIF":0.6,"publicationDate":"2019-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46749891","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}
Pub Date : 2018-11-15DOI: 10.1080/09695958.2018.1543119
Jennifer Moore, C. Forster, K. Diesfeld, M. Rychert
ABSTRACT This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.
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Pub Date : 2018-09-19DOI: 10.1080/09695958.2018.1515741
M. Fabri
ABSTRACT This paper raises some methodological issues when a comparative approach is used to compare the number of judges and court personnel in European judiciaries. Data come from the Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe, which also is the main source for the European Union Justice Scoreboard. Some proposals are made to improve the collection of data and, then, increasing their comparability. The paper shows how an assessment on the number of judges and court personnel can benefit from a cross country comparative perspective, but only if quantitative analysis come together with in-depth qualitative studies.
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Pub Date : 2018-09-02DOI: 10.1080/09695958.2018.1503218
A. Sherr
Van Rossum opens this issue considering how legal education might handle ‘late modernity’. This is described as ‘a complex society ruled by uncertainty that faces the challenge of allocating responsibility’ owing to technical changes and the demystification of science together with globalisation. Van Rossum ends with some initial suggestions for possible adjustments to legal education to deal with the uncertainties and changes. These include the development of cultural awareness, critical reflection and the ‘art of doubt’. Hendley throws light on the career preferences of law Graduates in Russia. The proportion of law students has increased fivefold since 1991 largely as a result of the introduction of the market. By concentrating on all law students before they make decisions to move into more specific areas of the different branches and jobs of the legal profession, Hendley provides for the first time an overview of legal career aspirations in Russia. A division appears between part time (usually post experience) and full time (younger, and perhaps brighter) students and their aspirations. The former seem to aim to end up in official type roles with lower prestige; whereas the full time students are aiming for more commercial options. The large number of possible forms of lawyer provide an interesting set of choices, but the levels of uncertainty about where they will end up seem familiar to outsiders in ‘the West’. Bartie considers the methodological challenges of studying women legal scholars through life history. Bartie argues for treating legal scholars differently from pure educators, scholars or lawyers, suggesting that their unique role should inform the work’s central inquiries. There should be a range of views expressed and these should include the subject’s attitude towards feminism and feminist legal scholarship. Choroszewicz and Tremblay study parental-leave policy for male lawyers in Helsinki and Montreal. They ask if there are cultural and professional barriers to male lawyers’ use of paternity and parental leaves in both jurisdictions. In traditionally male-dominated professions, it may not be enough to provide a statutory right. Organisational solutions and peer encouragement in the work environment will be needed to allow men to feel comfortable taking leave. In the Legal Education and Skills section, Thomas and Craduck show how advocates’ anxiety might be reduced in training. Good reading!
Van Rossum在开始这个问题时考虑了法律教育如何处理“后现代性”。这被描述为“一个由不确定性统治的复杂社会，由于技术变革和科学的神秘化以及全球化，它面临着分配责任的挑战”。Van Rossum最后提出了一些初步建议，以应对法律教育的不确定性和变化。其中包括文化意识的发展、批判性反思和“怀疑艺术”。Hendley揭示了俄罗斯法律系毕业生的职业偏好。自1991年以来，法律专业学生的比例增加了五倍，这主要是由于市场的引入。Hendley在决定进入法律专业不同分支和工作的更具体领域之前，将注意力集中在所有法律专业学生身上，首次概述了俄罗斯的法律职业抱负。兼职（通常是实习后）和全职（更年轻，也许更聪明）学生及其愿望之间存在分歧。前者的目标似乎是最终成为声望较低的官员类型的角色；而全日制学生的目标是更多的商业选择。大量可能的律师形式提供了一系列有趣的选择，但对于“西方”的局外人来说，他们最终会走向何方的不确定性程度似乎很熟悉。巴蒂考虑了通过生活史研究女性法律学者的方法挑战。巴蒂主张将法律学者与纯粹的教育工作者、学者或律师区别对待，认为他们的独特角色应该为作品的核心调查提供信息。应该表达一系列的观点，其中应该包括受试者对女权主义和女权主义法律学术的态度。Choroszewicz和Tremblay研究了赫尔辛基和蒙特利尔男性律师的育儿假政策。他们询问，在这两个司法管辖区，男性律师使用陪产假和育儿假是否存在文化和职业障碍。在传统上以男性为主的职业中，仅仅提供法定权利可能是不够的。需要组织解决方案和工作环境中的同伴鼓励，让男性在休假时感到舒适。在法律教育和技能部分，Thomas和Craduck展示了如何在培训中减少倡导者的焦虑。读得好！
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