Pub Date : 2023-03-26DOI: 10.1080/09695958.2023.2185622
Elizabeth Rajapakshe
ABSTRACT While most Japanese legal dramas feature a male protagonist as the hero, a significant amount of screen time is allocated to the courtroom heroine as well. This is in spite of statistics that show that women are still underrepresented in the Japanese legal profession. Surveying post-2000 Japanese legal television dramas reveals that televisual female legal professionals conform to two stock character types and corresponding narrative arcs: the rookie lawyer, and the elite but “fallen” lawyer. While most shows only feature one such heroine, Onna wa sore wo yurusanai (2014) features two, representing both types. This paper closely examines how the two stock characters are portrayed in this drama and the relevance of each to the larger narrative which reveals the difficulties female legal professionals face while navigating Japan's male-dominated legal domain. The paper concludes that the increasing presence of the heroine in legal dramas and her overall positive portrayal, reflects the Japanese government's goal of raising the number of legal professionals and women's participation in all public sectors by 2020, and also indicates changing attitudes on the part of Japanese society toward the need to give greater recognition and social acceptance to female legal professionals.
摘要虽然大多数日本法律剧都以男主角为主角，但大量的银幕时间也被分配给了法庭女主角。尽管统计数据显示，女性在日本法律界的代表性仍然不足。调查2000年后的日本法律电视剧发现，电视女性法律工作者符合两种常见的角色类型和相应的叙事弧线：新手律师和精英但“堕落”的律师。虽然大多数节目只有一位这样的女主角，但《Onna wa sore wo yurusanai》（2014）有两位，代表了这两种类型。本文仔细研究了这两个普通角色在这部剧中的形象，以及它们与更大叙事的相关性，后者揭示了女性法律专业人士在驾驭日本男性主导的法律领域时所面临的困难。论文的结论是，女主角在法律剧中的出现越来越多，她的整体形象也越来越正面，这反映了日本政府到2020年提高法律专业人员数量和妇女参与所有公共部门的目标，也表明日本社会对需要给予女性法律专业人员更多的认可和社会接受的态度正在发生变化。
{"title":"“The rookie and the fallen elite”: an examination of the portrayal of female lawyers in the Japanese legal drama “Onna wa sore wo yurusanai”","authors":"Elizabeth Rajapakshe","doi":"10.1080/09695958.2023.2185622","DOIUrl":"https://doi.org/10.1080/09695958.2023.2185622","url":null,"abstract":"ABSTRACT\u0000 While most Japanese legal dramas feature a male protagonist as the hero, a significant amount of screen time is allocated to the courtroom heroine as well. This is in spite of statistics that show that women are still underrepresented in the Japanese legal profession. Surveying post-2000 Japanese legal television dramas reveals that televisual female legal professionals conform to two stock character types and corresponding narrative arcs: the rookie lawyer, and the elite but “fallen” lawyer. While most shows only feature one such heroine, Onna wa sore wo yurusanai (2014) features two, representing both types. This paper closely examines how the two stock characters are portrayed in this drama and the relevance of each to the larger narrative which reveals the difficulties female legal professionals face while navigating Japan's male-dominated legal domain. The paper concludes that the increasing presence of the heroine in legal dramas and her overall positive portrayal, reflects the Japanese government's goal of raising the number of legal professionals and women's participation in all public sectors by 2020, and also indicates changing attitudes on the part of Japanese society toward the need to give greater recognition and social acceptance to female legal professionals.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"221 - 236"},"PeriodicalIF":0.6,"publicationDate":"2023-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47723431","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 : 2023-02-01DOI: 10.1080/09695958.2023.2168673
L. Angioletti, Simone Greco, M. Balconi
ABSTRACT This study investigates the activities requiring the most important decisions for lawyers during a typical professional day. The sample was composed of ten lawyers and ten non-legal professionals to compare different working groups. Daily journals (DDs) were used to gather behavioral information about the type of activities that require varying levels of relevance in terms of decision making and the time of day when professionals make these important decisions. Qualitative findings suggested decisions are mainly taken in relation to leisure, work and planning activities. For both groups, more relevant decisions were taken in the morning compared to afternoon and evening, and more in relation to work compared with leisure activities. Interestingly, the group of lawyers reported a greater relevance for decisions related to planning activities compared to work activities. At the practical level, this evidence could guide the organization of work activities made by the institutions, e.g. recommending that tasks requiring decision making are placed in strategic time slots. For lawyers, the moment in which they plan their activities consists in the phase in which the fate of their work is really played: meeting with counterparts, act/opinion/warning drafting, legal advice, and consulting are all legal actions that require important decisions for them.
{"title":"Self(ie) mapping the relevance of professional daily decision-making process by lawyers","authors":"L. Angioletti, Simone Greco, M. Balconi","doi":"10.1080/09695958.2023.2168673","DOIUrl":"https://doi.org/10.1080/09695958.2023.2168673","url":null,"abstract":"ABSTRACT This study investigates the activities requiring the most important decisions for lawyers during a typical professional day. The sample was composed of ten lawyers and ten non-legal professionals to compare different working groups. Daily journals (DDs) were used to gather behavioral information about the type of activities that require varying levels of relevance in terms of decision making and the time of day when professionals make these important decisions. Qualitative findings suggested decisions are mainly taken in relation to leisure, work and planning activities. For both groups, more relevant decisions were taken in the morning compared to afternoon and evening, and more in relation to work compared with leisure activities. Interestingly, the group of lawyers reported a greater relevance for decisions related to planning activities compared to work activities. At the practical level, this evidence could guide the organization of work activities made by the institutions, e.g. recommending that tasks requiring decision making are placed in strategic time slots. For lawyers, the moment in which they plan their activities consists in the phase in which the fate of their work is really played: meeting with counterparts, act/opinion/warning drafting, legal advice, and consulting are all legal actions that require important decisions for them.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"163 - 177"},"PeriodicalIF":0.6,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45401768","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 : 2023-02-01DOI: 10.1080/09695958.2023.2168672
Anne Kotonya
ABSTRACT This article examines the challenges encountered by university law clinics in their legal aid projects that are designed to assuage national access to justice deficits. Towards the resolution of these challenges, it proposes a sustainability paradigm that bears significant implications for lawyers, legal educators and other clinic collaborators. The article begins by locating the pragmatic, moral and legal underpinnings of the social justice mission of university law clinics. The subsequent analysis of legal aid provided by universities is supported by data on clinic activity collected through interviews of clinic directors and focus group discussions with student leaders in university law clinics in Kenya. The findings reveal the multiple challenges that clinics confront as being in leadership, lack of representational capacity, inadequate resourcing, under-explored potential, poor institutional synergies and sub-optimal placement in university structures. The article then establishes a link between these setbacks and the sustainability of the clinics, arguing that reframing the problem in Kenya as one of sustainability yields potential avenues for addressing the challenges in ways that are progressive and impactful.
{"title":"Lawyers in self-estrangement: resolving the challenges of sustaining university law clinics","authors":"Anne Kotonya","doi":"10.1080/09695958.2023.2168672","DOIUrl":"https://doi.org/10.1080/09695958.2023.2168672","url":null,"abstract":"ABSTRACT This article examines the challenges encountered by university law clinics in their legal aid projects that are designed to assuage national access to justice deficits. Towards the resolution of these challenges, it proposes a sustainability paradigm that bears significant implications for lawyers, legal educators and other clinic collaborators. The article begins by locating the pragmatic, moral and legal underpinnings of the social justice mission of university law clinics. The subsequent analysis of legal aid provided by universities is supported by data on clinic activity collected through interviews of clinic directors and focus group discussions with student leaders in university law clinics in Kenya. The findings reveal the multiple challenges that clinics confront as being in leadership, lack of representational capacity, inadequate resourcing, under-explored potential, poor institutional synergies and sub-optimal placement in university structures. The article then establishes a link between these setbacks and the sustainability of the clinics, arguing that reframing the problem in Kenya as one of sustainability yields potential avenues for addressing the challenges in ways that are progressive and impactful.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"147 - 162"},"PeriodicalIF":0.6,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44996291","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 : 2023-01-02DOI: 10.1080/09695958.2023.2190897
W. Collier, O. Olusanya, G. Griffiths, Victoria Knapp, Lucija Smid, Cori Snook
ABSTRACT This study provides a unique approach for investigating help-seeking behaviour, specifically the occurrence of actual help-seeking behaviour among the British Military Veteran population. The study aimed to evaluate the range of legal options available to address a legal matter based on how quickly from an issue arising help was sought to address it. This study represents the first study into veterans’ legal help-seeking that examines actual legal matters that were brought to a legal advice project. (1) the study suggested a relationship between the elapsed time from the introduction of a legal issue and seeking help and the range of legal options available to clients, and (2) In comparison with the general population, the majority of veterans who contacted an adviser to help with their problems delayed seeking legal help until their options become limited or non-existent. This clearly puts them at increased risk for unsuccessful outcomes in terms of the likelihood of achieving a satisfactory resolution of their problems. It shows that military identity is a determining factor in the length of time people take before seeking legal help and that a military identity can inhibit people from seeking help in a timely manner.
{"title":"Legal help-seeking behaviour among veterans: the link between time elapsed in seeking help and legal options to address a legal matter","authors":"W. Collier, O. Olusanya, G. Griffiths, Victoria Knapp, Lucija Smid, Cori Snook","doi":"10.1080/09695958.2023.2190897","DOIUrl":"https://doi.org/10.1080/09695958.2023.2190897","url":null,"abstract":"ABSTRACT This study provides a unique approach for investigating help-seeking behaviour, specifically the occurrence of actual help-seeking behaviour among the British Military Veteran population. The study aimed to evaluate the range of legal options available to address a legal matter based on how quickly from an issue arising help was sought to address it. This study represents the first study into veterans’ legal help-seeking that examines actual legal matters that were brought to a legal advice project. (1) the study suggested a relationship between the elapsed time from the introduction of a legal issue and seeking help and the range of legal options available to clients, and (2) In comparison with the general population, the majority of veterans who contacted an adviser to help with their problems delayed seeking legal help until their options become limited or non-existent. This clearly puts them at increased risk for unsuccessful outcomes in terms of the likelihood of achieving a satisfactory resolution of their problems. It shows that military identity is a determining factor in the length of time people take before seeking legal help and that a military identity can inhibit people from seeking help in a timely manner.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"23 - 35"},"PeriodicalIF":0.6,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48905103","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 : 2023-01-02DOI: 10.1080/09695958.2023.2214779
A. Sherr
Buschor opens the year with a study of managing partners in law firms in Germany, Austria and Switzerland. 15 distinct roles for managing partners are identified, opening the field for further research. Governance structures are addressed and a relatively large number of administrative tasks and personal concerns are found in their roles. Collier et al look at legal help-seeking behaviour among British military veterans, showing that the more they delay in seeking help, the fewer possibilities there are for useful assistance. They also note that delay is associated with military identity in these legal clients. Tsereteli presents a well-researched case study on how the role of informality in systems of judicial recruitment allows change to appear to exist on paper but not in practice. The post-communist judiciary in Georgia shows the complex relationship between formal and informal rules governing judicial recruitment from a lawyer base; and how power is easily abused. Dehagahani and Newman take Galanter’s (1973) concept of repeat players and oneshotters into the world of criminal defence lawyers in Wales. Is such a categorisation helpful to the client or to the lawyer and what should the lawyer do for each? The binary assumption was found not to be useful in terms of treatment and attention. Smith’s (2013) approach was considered to be the most appropriate in terms of assessing the defence lawyer’s behaviourpartisanship for the accused, as well as detachment and confidentiality in dealings. Pivaty’s (2019) typology differentiating the strictly legal and the affective aspects of the lawyer’s role was also helpful. Winczorek looks at legal services for small and medium-sized enterprises in Poland. Winczorek shows the importance of SMEs internationally, entities of moderate complexity and high vulnerability. Accountants seem to help SMEs with their “legal” problems more than lawyers. Patterns of legal service use are developed using the Paths to Justice model (Genn (1999)). The domestic type tasks of “valet, butler and housekeeper” are developed to show the ways in which SMEs use lawyer assistance -only from a rational stance where it provides a useful business return.
{"title":"Editorial Issue 1 2023","authors":"A. Sherr","doi":"10.1080/09695958.2023.2214779","DOIUrl":"https://doi.org/10.1080/09695958.2023.2214779","url":null,"abstract":"Buschor opens the year with a study of managing partners in law firms in Germany, Austria and Switzerland. 15 distinct roles for managing partners are identified, opening the field for further research. Governance structures are addressed and a relatively large number of administrative tasks and personal concerns are found in their roles. Collier et al look at legal help-seeking behaviour among British military veterans, showing that the more they delay in seeking help, the fewer possibilities there are for useful assistance. They also note that delay is associated with military identity in these legal clients. Tsereteli presents a well-researched case study on how the role of informality in systems of judicial recruitment allows change to appear to exist on paper but not in practice. The post-communist judiciary in Georgia shows the complex relationship between formal and informal rules governing judicial recruitment from a lawyer base; and how power is easily abused. Dehagahani and Newman take Galanter’s (1973) concept of repeat players and oneshotters into the world of criminal defence lawyers in Wales. Is such a categorisation helpful to the client or to the lawyer and what should the lawyer do for each? The binary assumption was found not to be useful in terms of treatment and attention. Smith’s (2013) approach was considered to be the most appropriate in terms of assessing the defence lawyer’s behaviourpartisanship for the accused, as well as detachment and confidentiality in dealings. Pivaty’s (2019) typology differentiating the strictly legal and the affective aspects of the lawyer’s role was also helpful. Winczorek looks at legal services for small and medium-sized enterprises in Poland. Winczorek shows the importance of SMEs internationally, entities of moderate complexity and high vulnerability. Accountants seem to help SMEs with their “legal” problems more than lawyers. Patterns of legal service use are developed using the Paths to Justice model (Genn (1999)). The domestic type tasks of “valet, butler and housekeeper” are developed to show the ways in which SMEs use lawyer assistance -only from a rational stance where it provides a useful business return.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"1 - 2"},"PeriodicalIF":0.6,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47466445","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 : 2023-01-02DOI: 10.1080/09695958.2023.2168674
Jan Winczorek
ABSTRACT This paper looks into the practices and meanings of legal services use by small and medium-sized enterprises (SMEs) in Poland. Based on the results of extensive quantitative (n>7000) and qualitative (101 IDIs) studies, it finds that SMEs face significant access to justice barriers. While the studies find that apparent cost barriers cause this, they stress the limited complexity, time and organisational resources at SMEs’ disposal. Furthermore, the realities of small business in Poland and the wide use of private ordering often render legal services spurious. As a result, SME owners and managers adapt the legal services used to their businesses’ limited possibilities and most acute needs. In so doing, they appear to act rationally, with the view of maximising the economic output of their businesses. Despite the availability of lawyers, legal services are often delivered by accountants, and generally kept at a minimum. A typology of legal services used by SMEs created based on qualitative study results: “legal valeting”, “butlering”, and “housekeeping”, reflects this. Traditional home servants inspire these names and indicate the scope of service and the type of relationship between the professionals and service providers.
{"title":"Valets, butlers, housekeepers. Lawyers and accountants as service providers in the market of legal services for SMEs in Poland","authors":"Jan Winczorek","doi":"10.1080/09695958.2023.2168674","DOIUrl":"https://doi.org/10.1080/09695958.2023.2168674","url":null,"abstract":"ABSTRACT This paper looks into the practices and meanings of legal services use by small and medium-sized enterprises (SMEs) in Poland. Based on the results of extensive quantitative (n>7000) and qualitative (101 IDIs) studies, it finds that SMEs face significant access to justice barriers. While the studies find that apparent cost barriers cause this, they stress the limited complexity, time and organisational resources at SMEs’ disposal. Furthermore, the realities of small business in Poland and the wide use of private ordering often render legal services spurious. As a result, SME owners and managers adapt the legal services used to their businesses’ limited possibilities and most acute needs. In so doing, they appear to act rationally, with the view of maximising the economic output of their businesses. Despite the availability of lawyers, legal services are often delivered by accountants, and generally kept at a minimum. A typology of legal services used by SMEs created based on qualitative study results: “legal valeting”, “butlering”, and “housekeeping”, reflects this. Traditional home servants inspire these names and indicate the scope of service and the type of relationship between the professionals and service providers.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"81 - 113"},"PeriodicalIF":0.6,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42782112","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 : 2023-01-02DOI: 10.1080/09695958.2023.2192500
Dario Ramon Buschor
ABSTRACT While there has been ample research on the roles of managers, no similar studies have been conducted regarding the roles of Managing Partners in law firms – a subgroup of professional service firms (PSF). However, the many differences between PSFs and industrial or other service providers suggest that the existing research on the role of managers cannot be applied to law firm Managing Partners. In order to fill that gap and analyze the roles of law firm managers, evidence was collected in 34 interviews with 36 Managing Partners from large and mid-size law firms in the DACH-Region (Germany, Austria and Switzerland) regarding their function as their firms’ top managers. Analysis shows that while the Managing Partner function varies considerably between law firms, the activities of Managing Partners can be clustered into 15 distinct roles. This study adds empirical evidence to the existing practice literature and supports our understanding of the Managing Partner function in law firms and other PSF.
{"title":"Roles of managing partners in mid-size and large law firms – evidence from the DACH-region","authors":"Dario Ramon Buschor","doi":"10.1080/09695958.2023.2192500","DOIUrl":"https://doi.org/10.1080/09695958.2023.2192500","url":null,"abstract":"ABSTRACT While there has been ample research on the roles of managers, no similar studies have been conducted regarding the roles of Managing Partners in law firms – a subgroup of professional service firms (PSF). However, the many differences between PSFs and industrial or other service providers suggest that the existing research on the role of managers cannot be applied to law firm Managing Partners. In order to fill that gap and analyze the roles of law firm managers, evidence was collected in 34 interviews with 36 Managing Partners from large and mid-size law firms in the DACH-Region (Germany, Austria and Switzerland) regarding their function as their firms’ top managers. Analysis shows that while the Managing Partner function varies considerably between law firms, the activities of Managing Partners can be clustered into 15 distinct roles. This study adds empirical evidence to the existing practice literature and supports our understanding of the Managing Partner function in law firms and other PSF.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"3 - 21"},"PeriodicalIF":0.6,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47419437","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 : 2022-12-11DOI: 10.1080/09695958.2022.2155170
Fatimah Alshehaby
ABSTRACT Confidentiality is the most basic principle in respect of the lawyer-client relationship. Without the secrecy between lawyer and client, it would be complicated for a lawyer to solidify and establish trustworthy and credible communication with the clients, which might affect their legal representation. In the Saudi legal system, confidentiality is safeguarded under some crucial laws and regulations such as– Code of Law Practice, and the Rule of Professional Conduct for Lawyers. As Islamic law, i.e. Sharia is the primary legal source in the Saudi Arabia, the Code of Law Practice provides the lawyers and clients with the protection of confidentiality as long as there is no palpable violation of Islamic principles. However, there is no formal definition of “the violation of Islamic principles” stated in Article 23 of the Code. This might be problematic and lead to diverse interpretations by courts and authorities which is undermining the protection of confidentiality and sabotaging the lawyer-client relationship. In order to investigate such a labyrinth, this article aims to scrutinize and assess the confidentiality of the clients’ information in the Saudi regulations of the legal profession. It also evaluates the necessity of establishing a precise definition of confidentiality in the Saudi legal system.
{"title":"Attorney-client confidentiality in Saudi law: a critical study on the Saudi code of law practice","authors":"Fatimah Alshehaby","doi":"10.1080/09695958.2022.2155170","DOIUrl":"https://doi.org/10.1080/09695958.2022.2155170","url":null,"abstract":"ABSTRACT Confidentiality is the most basic principle in respect of the lawyer-client relationship. Without the secrecy between lawyer and client, it would be complicated for a lawyer to solidify and establish trustworthy and credible communication with the clients, which might affect their legal representation. In the Saudi legal system, confidentiality is safeguarded under some crucial laws and regulations such as– Code of Law Practice, and the Rule of Professional Conduct for Lawyers. As Islamic law, i.e. Sharia is the primary legal source in the Saudi Arabia, the Code of Law Practice provides the lawyers and clients with the protection of confidentiality as long as there is no palpable violation of Islamic principles. However, there is no formal definition of “the violation of Islamic principles” stated in Article 23 of the Code. This might be problematic and lead to diverse interpretations by courts and authorities which is undermining the protection of confidentiality and sabotaging the lawyer-client relationship. In order to investigate such a labyrinth, this article aims to scrutinize and assess the confidentiality of the clients’ information in the Saudi regulations of the legal profession. It also evaluates the necessity of establishing a precise definition of confidentiality in the Saudi legal system.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"115 - 124"},"PeriodicalIF":0.6,"publicationDate":"2022-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49538058","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 : 2022-10-07DOI: 10.1080/09695958.2022.2129661
R. Dehaghani, Daniel Newman
ABSTRACT When an individual is suspected or accused of committing a criminal offence, they are brought into the realm of the criminal process. This process can be complex and alien, and the accused person may not understand – or be able to engage with – elements thereof. This paper examines how experiences of the criminal process are framed by lawyers, drawing from interviews conducted with lawyers (N = 36) as part of a larger project on the experiences of criminal justice in (south) Wales. Lawyers, when discussing the experiences of the accused, made frequent distinctions between “first timers” and “regulars”. Whilst this distinction has been touched-upon in previous studies, it has not yet been subject to much exploration and interrogation. Within this paper, we explore and critique the how and why of this distinction, querying the utility and limits of such a distinction. We argue that whilst an accused’s experience should be accounted for, it is unhelpful to frame “regulars” as not needing – or being undeserving – of attention.
{"title":"The dichotomy of “first timer” and “regular” and its implications for legal advice and assistance","authors":"R. Dehaghani, Daniel Newman","doi":"10.1080/09695958.2022.2129661","DOIUrl":"https://doi.org/10.1080/09695958.2022.2129661","url":null,"abstract":"ABSTRACT When an individual is suspected or accused of committing a criminal offence, they are brought into the realm of the criminal process. This process can be complex and alien, and the accused person may not understand – or be able to engage with – elements thereof. This paper examines how experiences of the criminal process are framed by lawyers, drawing from interviews conducted with lawyers (N = 36) as part of a larger project on the experiences of criminal justice in (south) Wales. Lawyers, when discussing the experiences of the accused, made frequent distinctions between “first timers” and “regulars”. Whilst this distinction has been touched-upon in previous studies, it has not yet been subject to much exploration and interrogation. Within this paper, we explore and critique the how and why of this distinction, querying the utility and limits of such a distinction. We argue that whilst an accused’s experience should be accounted for, it is unhelpful to frame “regulars” as not needing – or being undeserving – of attention.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"59 - 80"},"PeriodicalIF":0.6,"publicationDate":"2022-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45713211","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 : 2022-09-02DOI: 10.1080/09695958.2022.2130599
A. Sherr
The last half century witnessed a growth in globalisation (see, among many others, Stiglitz, 2002; Halliday and Osinsky, 2006; Arthurs, 2006, 2009), the diminishing of national and geo-political boundaries: economically, politically and culturally. Law and lawyers have taken a major role, in globalising firms, harmonising of law, cross-jurisdictional legal education, free trade across borders, elision of professional service organisations, ease of immigration and work across borders. More recently the epidemic, Trumpism, Brexit and anti-Putin embargoes have begun an opposing reaction in commerce, economically and politically. Will law and lawyers be similarly affected? It would be good to see research and articles coming forward on whether deglobalisation is affecting the legal professions. Meanwhile, in this last issue of 2022, Gibens et al. report on research into Belgium’s concept of integrated rights, bringing together lawyers, courts and social workers in order to solve the “socio-legal” problems of the community. Using a model looking at Context, Actors, Interventions, Mechanism and Results they find it is necessary to broker relations between the legal ethics of lawyers and the social ethics of social workers and that better training of both would aid cooperation. Goldbarsht argues that in-house general counsel, inside commercial enterprises should be included in the antimoney laundering regulations in the same way as private practice lawyers. Their influence as gatekeepers would enable better attention to the objectives of AML regulation and assist their own sense of legal ethics. Back to Belgium, Mergaerts looks at how criminal defence lawyers identify their clients’ vulnerabilities in order to ensure the procedural safeguards accorded to them by law. Early identification of vulnerabilities is key to assisting criminal defendants in the police station. In a set of semi-structured interviews Mergaerts found that lawyers had a range of diverse factors they considered to show vulnerability and that individual factors predominated over situational factors. The concept as regulated was too vague, needed to be addressed by the police and courts also and “gut feelings” were used as little or no training had been received. Lamkaddem et al. look at how clients with multiple problems are dealt with under legal aid in Dutch Legal Services. The authors carried out a survey of clients which showed that 44% reported multiple problems; these clients tended to be older and with a lower level of education. Many problems were financial, conflictual and related to physical health. The results suggested more systematic collaboration with social services (perhaps of the sort advocated by Gibens). Caserta explores how classical sociological theories address the digitalised world of the legal profession. Functionalism looks at the relationship between new technologies and their deployment in legal matters, critical theory can help to understand the ideology of
过去半个世纪见证了全球化的发展(见斯蒂格利茨，2002;Halliday and Osinsky, 2006;arthur, 2006, 2009)，国家和地缘政治边界的减少:经济，政治和文化。法律和律师在公司全球化、法律协调、跨司法管辖区法律教育、跨境自由贸易、专业服务机构的剔除、移民和跨境工作的便利化等方面发挥了重要作用。最近，疫情、特朗普主义、英国脱欧和反普京禁运在商业、经济和政治上开始出现相反的反应。法律和律师会受到同样的影响吗?如果能看到有关去全球化是否正在影响法律行业的研究和文章出现，那将是件好事。与此同时，在2022年的最后一期中，Gibens等人报道了对比利时整合权利概念的研究，将律师、法院和社会工作者聚集在一起，以解决社区的“社会法律”问题。他们使用一个研究背景、行动者、干预、机制和结果的模型，发现有必要在律师的法律伦理和社会工作者的社会伦理之间建立关系，并且对两者进行更好的培训将有助于合作。戈德巴什特认为，商业企业内部的法律总顾问应该像私人执业律师一样，被纳入反洗钱法规。他们作为看门人的影响力将使人们更好地关注“反洗钱”监管的目标，并有助于他们自己的法律道德感。回到比利时，Mergaerts着眼于刑事辩护律师如何识别其客户的弱点，以确保法律赋予他们的程序保障。及早发现弱点是在警察局协助刑事被告的关键。在一组半结构化的访谈中，Mergaerts发现，律师们有一系列不同的因素，他们认为这些因素会显示出他们的脆弱性，而个人因素比情境因素占主导地位。管制的概念太模糊，警察和法院也需要加以处理，而且由于接受的培训很少或根本没有，因此使用了“直觉”。Lamkaddem等人研究了荷兰法律服务机构如何处理客户在法律援助下遇到的多重问题。作者对客户进行了一项调查，结果显示44%的人报告了多重问题;这些客户往往年龄较大，受教育程度较低。许多问题都是财务、冲突和与身体健康有关的。研究结果建议与社会服务机构进行更系统的合作(也许是吉本斯所提倡的那种)。卡塞塔探讨了古典社会学理论如何解决法律职业的数字化世界。功能主义着眼于新技术及其在法律事务中的部署之间的关系，批判理论可以帮助理解开发此类技术的参与者的意识形态，而韦伯方法有助于解释法律机构对数字化的反应。律师并非与周围世界隔绝，而是随着更广泛的社会变化而发展。
{"title":"War, epidemic, commercial uncertainty – how will the legal profession react to deglobalisation?","authors":"A. Sherr","doi":"10.1080/09695958.2022.2130599","DOIUrl":"https://doi.org/10.1080/09695958.2022.2130599","url":null,"abstract":"The last half century witnessed a growth in globalisation (see, among many others, Stiglitz, 2002; Halliday and Osinsky, 2006; Arthurs, 2006, 2009), the diminishing of national and geo-political boundaries: economically, politically and culturally. Law and lawyers have taken a major role, in globalising firms, harmonising of law, cross-jurisdictional legal education, free trade across borders, elision of professional service organisations, ease of immigration and work across borders. More recently the epidemic, Trumpism, Brexit and anti-Putin embargoes have begun an opposing reaction in commerce, economically and politically. Will law and lawyers be similarly affected? It would be good to see research and articles coming forward on whether deglobalisation is affecting the legal professions. Meanwhile, in this last issue of 2022, Gibens et al. report on research into Belgium’s concept of integrated rights, bringing together lawyers, courts and social workers in order to solve the “socio-legal” problems of the community. Using a model looking at Context, Actors, Interventions, Mechanism and Results they find it is necessary to broker relations between the legal ethics of lawyers and the social ethics of social workers and that better training of both would aid cooperation. Goldbarsht argues that in-house general counsel, inside commercial enterprises should be included in the antimoney laundering regulations in the same way as private practice lawyers. Their influence as gatekeepers would enable better attention to the objectives of AML regulation and assist their own sense of legal ethics. Back to Belgium, Mergaerts looks at how criminal defence lawyers identify their clients’ vulnerabilities in order to ensure the procedural safeguards accorded to them by law. Early identification of vulnerabilities is key to assisting criminal defendants in the police station. In a set of semi-structured interviews Mergaerts found that lawyers had a range of diverse factors they considered to show vulnerability and that individual factors predominated over situational factors. The concept as regulated was too vague, needed to be addressed by the police and courts also and “gut feelings” were used as little or no training had been received. Lamkaddem et al. look at how clients with multiple problems are dealt with under legal aid in Dutch Legal Services. The authors carried out a survey of clients which showed that 44% reported multiple problems; these clients tended to be older and with a lower level of education. Many problems were financial, conflictual and related to physical health. The results suggested more systematic collaboration with social services (perhaps of the sort advocated by Gibens). Caserta explores how classical sociological theories address the digitalised world of the legal profession. Functionalism looks at the relationship between new technologies and their deployment in legal matters, critical theory can help to understand the ideology of","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"243 - 244"},"PeriodicalIF":0.6,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42736531","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：