首页 > 最新文献

International Journal of the Legal Profession最新文献

英文 中文
The future possibilities and perspectives of clinical legal education in Vietnam 越南临床法律教育的未来可能性和前景
IF 0.6 Q2 LAW Pub Date : 2022-08-29 DOI: 10.1080/09695958.2022.2114481
Ai Nhan Ho
ABSTRACT This paper discusses various possibilities and perspectives for the future of Vietnamese CLE. Informed by the Vietnam Empirical Research and based on the current status of CLE in Vietnam, the paper has made suggestions for various directions for Vietnamese law schools to follow in addressing the challenges that face the adoption and incorporation of CLE in law curricula. These include choosing appropriate CLE models; designing CLE programs as accredited subjects in law curricula; and improving clinical supervision. In the current Vietnamese legal education system with various challenges, the Vietnam Empirical Research generally affirmed CLE as an appropriate educational strategy for the future. As the global advancement of CLE progresses, this opinion is widely and increasingly held among different legal education stakeholders in Vietnam. However, the success and long history of CLE elsewhere will not necessarily guarantee a similar result in Vietnam, given the differences in social, political, and legal systems. The future of Vietnamese CLE therefore will depend on how law schools, central government, relevant national agencies, and other legal education stakeholders in Vietnam regard and adopt clinical approaches in teaching law.
本文讨论了越南CLE未来的各种可能性和前景。在越南实证研究的基础上,基于CLE在越南的现状,本文为越南法学院应对在法律课程中采用和纳入CLE所面临的挑战提出了各种方向的建议。其中包括选择合适的CLE模型;将CLE课程设计为法律课程中的认证科目;以及改进临床监督。在当前越南法律教育体系面临各种挑战的情况下,越南实证研究普遍肯定CLE是一种适合未来的教育策略。随着CLE在全球的发展,这一观点在越南不同的法律教育利益相关者中得到了广泛和越来越多的支持。然而,考虑到社会、政治和法律制度的差异,CLE在其他地方的成功和悠久历史并不一定能保证在越南取得类似的结果。因此,越南CLE的未来将取决于法学院、中央政府、相关国家机构和越南其他法律教育利益相关者如何看待并在法律教学中采用临床方法。
{"title":"The future possibilities and perspectives of clinical legal education in Vietnam","authors":"Ai Nhan Ho","doi":"10.1080/09695958.2022.2114481","DOIUrl":"https://doi.org/10.1080/09695958.2022.2114481","url":null,"abstract":"ABSTRACT This paper discusses various possibilities and perspectives for the future of Vietnamese CLE. Informed by the Vietnam Empirical Research and based on the current status of CLE in Vietnam, the paper has made suggestions for various directions for Vietnamese law schools to follow in addressing the challenges that face the adoption and incorporation of CLE in law curricula. These include choosing appropriate CLE models; designing CLE programs as accredited subjects in law curricula; and improving clinical supervision. In the current Vietnamese legal education system with various challenges, the Vietnam Empirical Research generally affirmed CLE as an appropriate educational strategy for the future. As the global advancement of CLE progresses, this opinion is widely and increasingly held among different legal education stakeholders in Vietnam. However, the success and long history of CLE elsewhere will not necessarily guarantee a similar result in Vietnam, given the differences in social, political, and legal systems. The future of Vietnamese CLE therefore will depend on how law schools, central government, relevant national agencies, and other legal education stakeholders in Vietnam regard and adopt clinical approaches in teaching law.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"127 - 146"},"PeriodicalIF":0.6,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48481638","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}
引用次数: 0
An empirical study of lawyer-client relationships in Punjab, Pakistan 巴基斯坦旁遮普省律师与客户关系的实证研究
IF 0.6 Q2 LAW Pub Date : 2022-07-25 DOI: 10.1080/09695958.2022.2101461
Jibran Jamshed, Naila Kareem, Waheed Rafique, M. Javed
ABSTRACT The primary objective of this empirical study is to determine and analyze the different aspects of lawyer-client relationships. The study will find out the different problems faced by lawyers while dealing with clients along with determining the factors related to trust issues, fee-related issues, and clients’ expectations. The lawyer-client relationship is of paramount importance in the legal profession. In this quantitative study, a survey design is used as a research methodology. Data is collected through a structured questionnaire and the population of this study consists of lawyers in the province of Punjab, Pakistan. The questionnaire was distributed among the participants to collect data regarding the profile of their clients, fee-related matters, client expectation, client trust, and problems faced while dealing with clients. Statistical Package for Social Science (SPSS V-23) is used to analyze the data and then it was presented using descriptive statistics in form of diagrams and tables. This study revealed that lawyer finds it difficult to get their legal remunerations from their clients and it is difficult for them to earn their trust. It also transpires that clients have very high expectations from their lawyers and lawyers have to face many problems while dealing with the clients.
本实证研究的主要目的是确定和分析律师与客户关系的不同方面。该研究将找出律师在与客户打交道时面临的不同问题,并确定与信任问题、费用相关问题和客户期望相关的因素。律师与客户的关系在法律职业中是至关重要的。在这个定量研究中,调查设计被用作研究方法。数据通过结构化问卷收集,本研究的人口包括巴基斯坦旁遮普省的律师。调查问卷在参与者中分发,以收集有关客户概况,费用相关事项,客户期望,客户信任以及与客户打交道时面临的问题的数据。社会科学统计软件包(SPSS V-23)用于分析数据,然后使用图表和表格形式的描述性统计来呈现。这项研究表明,律师很难从客户那里获得合法报酬,也很难赢得客户的信任。这也表明,客户对他们的律师有很高的期望,律师在与客户打交道时必须面对许多问题。
{"title":"An empirical study of lawyer-client relationships in Punjab, Pakistan","authors":"Jibran Jamshed, Naila Kareem, Waheed Rafique, M. Javed","doi":"10.1080/09695958.2022.2101461","DOIUrl":"https://doi.org/10.1080/09695958.2022.2101461","url":null,"abstract":"ABSTRACT The primary objective of this empirical study is to determine and analyze the different aspects of lawyer-client relationships. The study will find out the different problems faced by lawyers while dealing with clients along with determining the factors related to trust issues, fee-related issues, and clients’ expectations. The lawyer-client relationship is of paramount importance in the legal profession. In this quantitative study, a survey design is used as a research methodology. Data is collected through a structured questionnaire and the population of this study consists of lawyers in the province of Punjab, Pakistan. The questionnaire was distributed among the participants to collect data regarding the profile of their clients, fee-related matters, client expectation, client trust, and problems faced while dealing with clients. Statistical Package for Social Science (SPSS V-23) is used to analyze the data and then it was presented using descriptive statistics in form of diagrams and tables. This study revealed that lawyer finds it difficult to get their legal remunerations from their clients and it is difficult for them to earn their trust. It also transpires that clients have very high expectations from their lawyers and lawyers have to face many problems while dealing with the clients.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"335 - 351"},"PeriodicalIF":0.6,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43554187","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}
引用次数: 0
Legal aid and clients with multiple problems: a first screening at the Dutch Legal Services Counter 法律援助和有多重问题的客户:荷兰法律服务柜台的第一次筛选
IF 0.6 Q2 LAW Pub Date : 2022-05-19 DOI: 10.1080/09695958.2022.2074424
M. Lamkaddem, S. Tonnon, Maaike C. Keesen, Esther M. Verboon, Quirine E. Eijkman, G. van der Veen
ABSTRACT Introduction The Legal Services counters (LSC) is the first contact point for legal aid in the Netherlands. Professionals reported dealing with a client group combining problems on several dimensions, next to the legal issue. This combination (multiple problem situation, MP) seems to impair the effectiveness of the provided legal help. Methods A face-to-face survey among 421 visitors of 4 LSC locations was administered (2019). Analyses Statistical techniques were used to assess the occurrence of MP, the association with the numbers of contacts with the LSC, the background characteristics of clients with and without MP, and the multivariate association between stress, MP and use of the LSC. Results 44,1% of the respondents reported MP. Those reported a higher number of contacts with the LSC in the past year. MP clients were older and had a lower education level. Financial (58%), conflictual (56%) and physical health (41%) problems were mostly reported. Stress and number of problems were related to a higher attendance to the LSC. Discussion Legal aid services should set out systematic collaboration paths with other social services, starting off by an assessment of the problem domains, to contribute to an effective solution of those issues, including the legal one.
摘要简介法律服务柜台是荷兰法律援助的第一个联络点。专业人士报告称,与一个客户群体打交道时,除了法律问题外,还涉及几个方面的问题。这种组合(多问题情况,MP)似乎削弱了所提供法律帮助的有效性。方法对4个LSC地点的421名来访者进行面对面调查(2019年)。分析使用统计技术评估MP的发生率、与LSC接触次数的相关性、患有和不患有MP的客户的背景特征,以及压力、MP和LSC使用之间的多变量相关性。结果44.1%的受访者报告了MP。那些报告在过去一年中与LSC接触的人数更多。MP客户年龄较大,受教育程度较低。财务(58%)、冲突(56%)和身体健康(41%)问题主要被报告。压力和问题数量与LSC的出勤率较高有关。讨论法律援助服务应与其他社会服务机构制定系统的合作路径,首先对问题领域进行评估,以帮助有效解决这些问题,包括法律问题。
{"title":"Legal aid and clients with multiple problems: a first screening at the Dutch Legal Services Counter","authors":"M. Lamkaddem, S. Tonnon, Maaike C. Keesen, Esther M. Verboon, Quirine E. Eijkman, G. van der Veen","doi":"10.1080/09695958.2022.2074424","DOIUrl":"https://doi.org/10.1080/09695958.2022.2074424","url":null,"abstract":"ABSTRACT Introduction The Legal Services counters (LSC) is the first contact point for legal aid in the Netherlands. Professionals reported dealing with a client group combining problems on several dimensions, next to the legal issue. This combination (multiple problem situation, MP) seems to impair the effectiveness of the provided legal help. Methods A face-to-face survey among 421 visitors of 4 LSC locations was administered (2019). Analyses Statistical techniques were used to assess the occurrence of MP, the association with the numbers of contacts with the LSC, the background characteristics of clients with and without MP, and the multivariate association between stress, MP and use of the LSC. Results 44,1% of the respondents reported MP. Those reported a higher number of contacts with the LSC in the past year. MP clients were older and had a lower education level. Financial (58%), conflictual (56%) and physical health (41%) problems were mostly reported. Stress and number of problems were related to a higher attendance to the LSC. Discussion Legal aid services should set out systematic collaboration paths with other social services, starting off by an assessment of the problem domains, to contribute to an effective solution of those issues, including the legal one.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"303 - 317"},"PeriodicalIF":0.6,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43206452","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}
引用次数: 0
Editorial 编辑
IF 0.6 Q2 LAW Pub Date : 2022-05-04 DOI: 10.1080/09695958.2022.2084813
A. Sherr
Our first three items deal with well-being in the legal professions. Melville et al. look at how Junior Academics are pressured in Australian university law schools; Soon et al. consider the problem of how to satisfy psychological needs and well-being among solicitors in the UK; and Chlap et al. look at how workplace characteristics affect stress and empathy among lawyers in Australia. Altogether these underline the importance of considering the effects of legal work and learning on the mental health of lawyers, law students, legal educators and clients. Chan et al. analyse what happened when ‘judicial scriveners’, a lower form of legal professional than ‘bengoshi’, were given rights of audience in lower courts in Japan. Although effects are masked by other issues, the expansion of lawyers available to conduct litigation did not result in increased litigation and clients in general preferred to instruct bengoshi rather than judicial scriveners, despite relatively lower fees. Two legal education articles from China and Australia end this issue. Yuan shows how the theory/practice dichotomy has been played out in the People’s Republic of China since the inception of a new Juris Master degree in 1996. Intended to be more practice oriented, the JM suffered problems from social, cultural and political perspectives. Yuan suggests a competence-based educational scheme of problem-based learning, international perspectives and professional lawyers teaching with practical experience, which might also lessen central state control. Douglas et al. give the views of Australian lawyers on how planning conflicts may be settled by alternative dispute resolution systems. Learning from mentors proved to be a very useful addition to training.
我们的前三个项目涉及法律职业的福利。梅尔维尔等人研究了澳大利亚大学法学院的初级学者是如何受到压力的;Soon等人考虑了如何满足英国律师的心理需求和幸福感的问题;Chlap等人研究了工作场所特征如何影响澳大利亚律师的压力和同理心。总之,这些都强调了考虑法律工作和学习对律师、法律专业学生、法律教育工作者和客户心理健康的影响的重要性。Chan等人分析了当“司法文书”(一种比“本戈希”更低的法律专业形式)在日本下级法院被赋予出庭权时发生了什么。尽管影响被其他问题所掩盖,但可进行诉讼的律师的增加并没有导致诉讼的增加,尽管费用相对较低,但客户通常更喜欢指导本戈什而不是司法文书。来自中国和澳大利亚的两篇法律教育文章结束了这个问题。袁展示了自1996年设立新的法学硕士学位以来,理论/实践的二分法是如何在中华人民共和国上演的。为了更加注重实践,JM从社会、文化和政治角度遇到了问题。袁提出了一种基于能力的教育方案,即基于问题的学习、国际视野和具有实践经验的专业律师教学,这也可能减轻中央政府的控制。Douglas等人就如何通过替代争端解决系统解决规划冲突发表了澳大利亚律师的意见。向导师学习被证明是培训的一个非常有用的补充。
{"title":"Editorial","authors":"A. Sherr","doi":"10.1080/09695958.2022.2084813","DOIUrl":"https://doi.org/10.1080/09695958.2022.2084813","url":null,"abstract":"Our first three items deal with well-being in the legal professions. Melville et al. look at how Junior Academics are pressured in Australian university law schools; Soon et al. consider the problem of how to satisfy psychological needs and well-being among solicitors in the UK; and Chlap et al. look at how workplace characteristics affect stress and empathy among lawyers in Australia. Altogether these underline the importance of considering the effects of legal work and learning on the mental health of lawyers, law students, legal educators and clients. Chan et al. analyse what happened when ‘judicial scriveners’, a lower form of legal professional than ‘bengoshi’, were given rights of audience in lower courts in Japan. Although effects are masked by other issues, the expansion of lawyers available to conduct litigation did not result in increased litigation and clients in general preferred to instruct bengoshi rather than judicial scriveners, despite relatively lower fees. Two legal education articles from China and Australia end this issue. Yuan shows how the theory/practice dichotomy has been played out in the People’s Republic of China since the inception of a new Juris Master degree in 1996. Intended to be more practice oriented, the JM suffered problems from social, cultural and political perspectives. Yuan suggests a competence-based educational scheme of problem-based learning, international perspectives and professional lawyers teaching with practical experience, which might also lessen central state control. Douglas et al. give the views of Australian lawyers on how planning conflicts may be settled by alternative dispute resolution systems. Learning from mentors proved to be a very useful addition to training.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"123 - 123"},"PeriodicalIF":0.6,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48143120","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}
引用次数: 0
Relationships between workplace characteristics, psychological stress, affective distress, burnout and empathy in lawyers 律师工作场所特征、心理压力、情感困扰、倦怠与移情的关系
IF 0.6 Q2 LAW Pub Date : 2022-02-11 DOI: 10.1080/09695958.2022.2032082
Nora Chlap, Rhondalynn Brown
ABSTRACT Recent studies indicate that lawyers are at greater risk of experiencing stress, anxiety, depression and burnout symptoms than other occupational groups and the general population. Opinion pieces have suggested that workplace culture and law practice characteristics can explain the distress. However, no empirical studies have considered the potential impact of the factors on lawyer’s mental health or evaluated the potential impact of lawyer’s mental health on their clients. Empathy is an essential component of legal practice especially during client interactions; and prior research in doctors has shown that stress, anxiety, depression and burnout are associated with low empathy. This study examined the relationship between workplace characteristics, psychological stress, affective distress (i.e. anxiety, depression), burnout and empathy in lawyers. Private practice and in-house lawyers (n = 200) completed a questionnaire asking about work-stress, supervisor and organisational support, stress, affective distress, burnout and empathy. Analyses showed that psychological stress and burnout in lawyers was related to greater work-stress and a lack of perceived organisational support, and in turn, psychological stress and burnout were associated with low empathy in lawyers. Results suggest that stressful and unsupportive workplaces may contribute to stress, affective distress and burnout in lawyers that may have implications for lawyer-client interactions.
摘要最近的研究表明,与其他职业群体和普通人群相比,律师出现压力、焦虑、抑郁和倦怠症状的风险更大。一些观点文章认为,职场文化和法律实践特征可以解释这种痛苦。然而,没有实证研究考虑这些因素对律师心理健康的潜在影响,也没有评估律师心理健康对其客户的潜在影响。同理心是法律实践的重要组成部分,尤其是在客户互动过程中;先前对医生的研究表明,压力、焦虑、抑郁和倦怠与低同理心有关。本研究考察了律师的工作特点、心理压力、情感困扰(即焦虑、抑郁)、倦怠和移情之间的关系。私人执业和内部律师(n = 200)完成了一份关于工作压力、主管和组织支持、压力、情感困扰、倦怠和同理心的问卷调查。分析表明,律师的心理压力和倦怠与更大的工作压力和缺乏组织支持有关,反过来,心理压力和燃尽与律师的移情能力低下有关。研究结果表明,压力和不支持的工作场所可能会导致律师的压力、情感困扰和倦怠,这可能对律师与客户的互动产生影响。
{"title":"Relationships between workplace characteristics, psychological stress, affective distress, burnout and empathy in lawyers","authors":"Nora Chlap, Rhondalynn Brown","doi":"10.1080/09695958.2022.2032082","DOIUrl":"https://doi.org/10.1080/09695958.2022.2032082","url":null,"abstract":"ABSTRACT Recent studies indicate that lawyers are at greater risk of experiencing stress, anxiety, depression and burnout symptoms than other occupational groups and the general population. Opinion pieces have suggested that workplace culture and law practice characteristics can explain the distress. However, no empirical studies have considered the potential impact of the factors on lawyer’s mental health or evaluated the potential impact of lawyer’s mental health on their clients. Empathy is an essential component of legal practice especially during client interactions; and prior research in doctors has shown that stress, anxiety, depression and burnout are associated with low empathy. This study examined the relationship between workplace characteristics, psychological stress, affective distress (i.e. anxiety, depression), burnout and empathy in lawyers. Private practice and in-house lawyers (n = 200) completed a questionnaire asking about work-stress, supervisor and organisational support, stress, affective distress, burnout and empathy. Analyses showed that psychological stress and burnout in lawyers was related to greater work-stress and a lack of perceived organisational support, and in turn, psychological stress and burnout were associated with low empathy in lawyers. Results suggest that stressful and unsupportive workplaces may contribute to stress, affective distress and burnout in lawyers that may have implications for lawyer-client interactions.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"159 - 180"},"PeriodicalIF":0.6,"publicationDate":"2022-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41522570","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}
引用次数: 1
ADR practice in planning conflicts: Australian lawyers’ thinking on ADR, training and mentorship 计划冲突中的ADR实践:澳大利亚律师对ADR、培训和指导的思考
IF 0.6 Q2 LAW Pub Date : 2022-01-09 DOI: 10.1080/09695958.2021.2016416
K. Douglas, R. Goodman, A. Kallies
ABSTRACT Lawyers’ alternative dispute resolution (ADR) practice is an important part of legal practice and education. In this research project, we explored the views of planning lawyers in Melbourne, Australia who were engaged in the ADR processes of mediation and compulsory conferencing. The participants interviewed endorsed the use of ADR in planning disputes and spoke of the need to adopt a collaborative approach drawing on their negotiation and communication skills. They also spoke of their role providing legal expertise in a complex jurisdiction. The lawyers reflected on the nature of planning disputes where conflict can be emotional as disputes deal with the communities’ lived experience of the built environment and the wider concerns of the planning of cities. The lawyers showed the ability to focus on the larger justice issues that affect the jurisdiction. Additionally, the study explored the lawyers’ views on their training in ADR. While some participants appreciated ADR training courses, many pointed to the benefits of learning from those lawyers experienced in planning law disputes. The research presented here suggests the need for ongoing peer support and mentorship for lawyers in the use of ADR, in addition to training, that is particular to their jurisdiction.
摘要律师替代纠纷解决实践是法律实践和法律教育的重要组成部分。在本研究项目中,我们探讨了澳大利亚墨尔本参与调解和强制会议ADR过程的规划律师的观点。受访的与会者赞同在规划纠纷中使用ADR,并谈到有必要利用他们的谈判和沟通技能采取合作方法。他们还谈到了他们在复杂的管辖权中提供法律专业知识的作用。律师们反思了规划纠纷的性质,其中冲突可能是情绪化的,因为纠纷涉及社区对建筑环境的生活体验和城市规划的更广泛关注。律师们表现出了专注于影响司法管辖权的更大司法问题的能力。此外,该研究还探讨了律师对ADR培训的看法。虽然一些参与者对ADR培训课程表示赞赏,但许多人指出,向那些在策划法律纠纷方面经验丰富的律师学习有好处。这里介绍的研究表明,除了培训外,还需要在ADR的使用方面为律师提供持续的同行支持和指导,这是他们管辖范围内特有的。
{"title":"ADR practice in planning conflicts: Australian lawyers’ thinking on ADR, training and mentorship","authors":"K. Douglas, R. Goodman, A. Kallies","doi":"10.1080/09695958.2021.2016416","DOIUrl":"https://doi.org/10.1080/09695958.2021.2016416","url":null,"abstract":"ABSTRACT Lawyers’ alternative dispute resolution (ADR) practice is an important part of legal practice and education. In this research project, we explored the views of planning lawyers in Melbourne, Australia who were engaged in the ADR processes of mediation and compulsory conferencing. The participants interviewed endorsed the use of ADR in planning disputes and spoke of the need to adopt a collaborative approach drawing on their negotiation and communication skills. They also spoke of their role providing legal expertise in a complex jurisdiction. The lawyers reflected on the nature of planning disputes where conflict can be emotional as disputes deal with the communities’ lived experience of the built environment and the wider concerns of the planning of cities. The lawyers showed the ability to focus on the larger justice issues that affect the jurisdiction. Additionally, the study explored the lawyers’ views on their training in ADR. While some participants appreciated ADR training courses, many pointed to the benefits of learning from those lawyers experienced in planning law disputes. The research presented here suggests the need for ongoing peer support and mentorship for lawyers in the use of ADR, in addition to training, that is particular to their jurisdiction.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"229 - 241"},"PeriodicalIF":0.6,"publicationDate":"2022-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49466457","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}
引用次数: 0
Integrated-rights practice and partnerships with judicial services: towards a socio-legal practice? 综合权利实践和与司法服务的伙伴关系:走向社会法律实践?
IF 0.6 Q2 LAW Pub Date : 2021-12-31 DOI: 10.1080/09695958.2021.2014853
S. Gibens, Johan Boxstaens, P. Vereecke
ABSTRACT In Flanders, a renewed Decree on Local Social Policy (2018) introduced the concept of “Integrated-Rights Practice” (IRP). In brief, IRP aims to guarantee social rights by creating local interorganizational networks that foster generalist, pro-active, outreaching, strengths-based and participative social work interventions (Boost et al., 2018). In our paper, we will focus on an ongoing project in which IRP is applied to the specific field of socio-juridical practice in Antwerp. In this project, interorganizational collaboration between different social work services is expanded with partners from the field of justice (courts, lawyers, magistrates, …) in an effort to lower existing thresholds that impair access to justice and lead to non-take-up of rights. In order to evaluate this innovative practice, we use the CAIMeR-model developed by Blom and Morèn (2010). Guided by the theoretical structure of CAIMeR, we designed a methodological framework in which we combine structured direct observations and semi-structured interviews.
在佛兰德斯,更新的地方社会政策法令(2018年)引入了“综合权利实践”(IRP)的概念。简而言之,IRP旨在通过创建本地组织间网络来保障社会权利,这些网络促进通才、积极主动、外展、基于优势和参与性的社会工作干预(Boost等人,2018)。在我们的论文中,我们将重点关注一个正在进行的项目,其中IRP应用于安特卫普社会法律实践的特定领域。在这个项目中,扩大了不同社会工作服务机构之间的组织间合作,与司法领域的合作伙伴(法院、律师、地方法官等)合作,努力降低妨碍诉诸司法和导致不行使权利的现有门槛。为了评估这一创新实践,我们使用了Blom和mor(2010)开发的caimer模型。在CAIMeR理论结构的指导下,我们设计了一个方法框架,其中我们结合了结构化的直接观察和半结构化的访谈。
{"title":"Integrated-rights practice and partnerships with judicial services: towards a socio-legal practice?","authors":"S. Gibens, Johan Boxstaens, P. Vereecke","doi":"10.1080/09695958.2021.2014853","DOIUrl":"https://doi.org/10.1080/09695958.2021.2014853","url":null,"abstract":"ABSTRACT In Flanders, a renewed Decree on Local Social Policy (2018) introduced the concept of “Integrated-Rights Practice” (IRP). In brief, IRP aims to guarantee social rights by creating local interorganizational networks that foster generalist, pro-active, outreaching, strengths-based and participative social work interventions (Boost et al., 2018). In our paper, we will focus on an ongoing project in which IRP is applied to the specific field of socio-juridical practice in Antwerp. In this project, interorganizational collaboration between different social work services is expanded with partners from the field of justice (courts, lawyers, magistrates, …) in an effort to lower existing thresholds that impair access to justice and lead to non-take-up of rights. In order to evaluate this innovative practice, we use the CAIMeR-model developed by Blom and Morèn (2010). Guided by the theoretical structure of CAIMeR, we designed a methodological framework in which we combine structured direct observations and semi-structured interviews.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"245 - 260"},"PeriodicalIF":0.6,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42834525","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}
引用次数: 0
Editorial 编辑
IF 0.6 Q2 LAW Pub Date : 2021-12-26 DOI: 10.1080/09695958.2021.2019996
A. Sherr
We open 2022 with a lament on researching the legal profession. Flood’s earlier work on the English Bar set him in the perfect position to report on the “cab rank rule”. Flood sets out the fascinating research undertaken on what appears as a “simple concept intended to be a bulwark of the rule of law”; and the ferocious reaction of the Bar to the ensuing Report. The then chair of the Criminal Bar Association wrote, “Read it and weep”. You will read this and enjoy every moment. Dehaghani and Newman look at the challenges to legal aid criminal defence lawyers in South Wales, UK, through the prism of “resilience” of both lawyers and clients. They argue that undermining criminal defence increases the resilience of the prosecution and could set an imbalance in the justice system. Schultz discusses the role of women lawyers in arbitrations in Germany where such work had long been confined to men. “Women’s voice”, “report talk vs. rapport talk”, different gender approaches, the need for women in negotiations, the horizontal segregation of women into different professional work are mentioned against the background of gender inequality in the upper reaches of the profession. The need to reach a critical mass of 30% participation is assisted by creative networks, “women’s events” and growing awareness of disparity. Dawuni portrays the development of the legal profession in Ghana from the establishment of the first Law School in 1958. Seen through the eyes of some 30 interviewees, whilst detailed background data are as yet unavailable, the periods of colonisation, indigenisation, professionalisation and globalisation are discussed to show the changing dynamics in the profession. Quartey et al. provide research on how clients react to the competence of female lawyers in Ghana. Matching law firms’ concepts of competence with clients’ satisfaction with lawyers provides a well-known dichotomy. Quartey et al. stretch this complexity to how clients perceive the competence of female lawyers through “gender schemas”, arguing for better work–life balance and that law firms should use client perceptions more in assessing competence.
我们以对法律职业研究的哀叹开启2022年。弗洛德早期在英国酒吧的工作使他在报道“出租车等级规则”方面处于完美的位置。弗拉德阐述了他对一个看似“旨在成为法治堡垒的简单概念”所进行的引人入胜的研究;以及律师公会对随后的报告的激烈反应。当时的刑事律师协会主席写道:“读了就哭吧。”你会读到这篇文章并享受每一刻。Dehaghani和Newman通过律师和客户的“弹性”来审视英国南威尔士法律援助刑事辩护律师所面临的挑战。他们认为,削弱刑事辩护会增加起诉的弹性,并可能在司法系统中造成不平衡。舒尔茨讨论了女律师在德国仲裁中的作用,在德国,这类工作长期以来仅限于男性。在职业上层性别不平等的背景下,提到了“女性的声音”、“报告论vs.融洽论”、不同的性别方法、女性在谈判中的必要性、女性进入不同专业工作的横向隔离。创造性的网络、“妇女活动”和对差距的日益认识有助于达到30%的临界质量参与率。达乌尼描绘了自1958年第一所法学院成立以来加纳法律职业的发展。通过大约30位受访者的眼睛,虽然详细的背景数据尚未获得,但殖民化,本土化,专业化和全球化的时期进行了讨论,以显示该行业不断变化的动态。Quartey等人提供了关于加纳客户对女律师能力的反应的研究。将律师事务所的能力概念与客户对律师的满意度相匹配提供了一个众所周知的二分法。Quartey等人将这种复杂性延伸到客户如何通过“性别图式”来看待女律师的能力,他们认为应该更好地平衡工作与生活,律师事务所应该更多地利用客户的看法来评估能力。
{"title":"Editorial","authors":"A. Sherr","doi":"10.1080/09695958.2021.2019996","DOIUrl":"https://doi.org/10.1080/09695958.2021.2019996","url":null,"abstract":"We open 2022 with a lament on researching the legal profession. Flood’s earlier work on the English Bar set him in the perfect position to report on the “cab rank rule”. Flood sets out the fascinating research undertaken on what appears as a “simple concept intended to be a bulwark of the rule of law”; and the ferocious reaction of the Bar to the ensuing Report. The then chair of the Criminal Bar Association wrote, “Read it and weep”. You will read this and enjoy every moment. Dehaghani and Newman look at the challenges to legal aid criminal defence lawyers in South Wales, UK, through the prism of “resilience” of both lawyers and clients. They argue that undermining criminal defence increases the resilience of the prosecution and could set an imbalance in the justice system. Schultz discusses the role of women lawyers in arbitrations in Germany where such work had long been confined to men. “Women’s voice”, “report talk vs. rapport talk”, different gender approaches, the need for women in negotiations, the horizontal segregation of women into different professional work are mentioned against the background of gender inequality in the upper reaches of the profession. The need to reach a critical mass of 30% participation is assisted by creative networks, “women’s events” and growing awareness of disparity. Dawuni portrays the development of the legal profession in Ghana from the establishment of the first Law School in 1958. Seen through the eyes of some 30 interviewees, whilst detailed background data are as yet unavailable, the periods of colonisation, indigenisation, professionalisation and globalisation are discussed to show the changing dynamics in the profession. Quartey et al. provide research on how clients react to the competence of female lawyers in Ghana. Matching law firms’ concepts of competence with clients’ satisfaction with lawyers provides a well-known dichotomy. Quartey et al. stretch this complexity to how clients perceive the competence of female lawyers through “gender schemas”, arguing for better work–life balance and that law firms should use client perceptions more in assessing competence.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"1 - 1"},"PeriodicalIF":0.6,"publicationDate":"2021-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44535631","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}
引用次数: 0
The effects of basic psychological needs satisfaction and mindfulness on solicitors’ well-being 基本心理需求满足与正念对律师幸福感的影响
IF 0.6 Q2 LAW Pub Date : 2021-12-26 DOI: 10.1080/09695958.2021.2020657
L. Soon, James Walsh, A. McDowall, K. Teoh
ABSTRACT Rising reports of poor mental health and well-being in lawyers across multiple jurisdictions, notably the United States of America, Australia, and the United Kingdom (UK), have led to a growing international focus on this topic. Yet there remains a paucity of empirical data on the well-being of solicitors practising in England and Wales. Framed by self-determination theory (SDT), we undertook a cross-sectional survey of 340 trainee and qualified solicitors in England and Wales to (1) benchmark the psychological well-being of solicitors against other UK occupational groups and adult population norms; and (2) test relationships between mindfulness, satisfaction of basic psychological needs (perceived autonomy, relatedness, and competence at work) and psychological well-being. The SDT components positively and significantly related to well-being. Mindfulness partially mediated the pathway between basic psychological needs satisfaction and well-being, suggesting that satisfaction of these needs may in themselves facilitate higher mindfulness, thereby contributing to greater levels of well-being. We conceive that autonomy, relatedness, and competence at work provide the psychological space necessary for mindfulness to be cultivated, within which well-being can thrive. These findings support the importance of a systemic approach to solicitors’ well-being to safeguard basic psychological needs in the workplace.
摘要:在多个司法管辖区,特别是美国、澳大利亚和英国,越来越多的律师心理健康和幸福感不佳的报告,导致国际社会越来越关注这一话题。然而,关于在英格兰和威尔士执业的律师的幸福感的实证数据仍然很少。在自决理论(SDT)的框架下,我们对英格兰和威尔士的340名实习律师和合格律师进行了一项横断面调查,以(1)将律师的心理健康与英国其他职业群体和成年人口规范进行比较;以及(2)测试正念、基本心理需求的满足(感知的自主性、关联性和工作能力)与心理健康之间的关系。SDT成分与幸福感呈正相关。正念在一定程度上介导了基本心理需求满足和幸福感之间的途径,这表明这些需求的满足本身可能会促进更高的正念,从而有助于更高水平的幸福感。我们认为,工作中的自主性、关联性和能力为培养正念提供了必要的心理空间,幸福感可以在其中茁壮成长。这些发现支持了对律师福祉采取系统方法以保障工作场所基本心理需求的重要性。
{"title":"The effects of basic psychological needs satisfaction and mindfulness on solicitors’ well-being","authors":"L. Soon, James Walsh, A. McDowall, K. Teoh","doi":"10.1080/09695958.2021.2020657","DOIUrl":"https://doi.org/10.1080/09695958.2021.2020657","url":null,"abstract":"ABSTRACT Rising reports of poor mental health and well-being in lawyers across multiple jurisdictions, notably the United States of America, Australia, and the United Kingdom (UK), have led to a growing international focus on this topic. Yet there remains a paucity of empirical data on the well-being of solicitors practising in England and Wales. Framed by self-determination theory (SDT), we undertook a cross-sectional survey of 340 trainee and qualified solicitors in England and Wales to (1) benchmark the psychological well-being of solicitors against other UK occupational groups and adult population norms; and (2) test relationships between mindfulness, satisfaction of basic psychological needs (perceived autonomy, relatedness, and competence at work) and psychological well-being. The SDT components positively and significantly related to well-being. Mindfulness partially mediated the pathway between basic psychological needs satisfaction and well-being, suggesting that satisfaction of these needs may in themselves facilitate higher mindfulness, thereby contributing to greater levels of well-being. We conceive that autonomy, relatedness, and competence at work provide the psychological space necessary for mindfulness to be cultivated, within which well-being can thrive. These findings support the importance of a systemic approach to solicitors’ well-being to safeguard basic psychological needs in the workplace.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"143 - 158"},"PeriodicalIF":0.6,"publicationDate":"2021-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46499113","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}
引用次数: 4
“Permanent” but pressured: junior academics within Australian law schools “永久”但有压力:澳大利亚法学院的初级学者
IF 0.6 Q2 LAW Pub Date : 2021-10-30 DOI: 10.1080/09695958.2021.1990068
A. Melville, A. Barrow
ABSTRACT Junior legal academics represent the future of teaching and research in law schools, and are vital in shaping the future of the legal profession. However, while research has focused on academic staff appointed on casual contracts, we know very little about junior academics who have obtained permanent employment. This paper examines the biographies of 700 junior academics within Australian law schools. It reveals that junior academics face many challenges. The opportunity for junior academics to gain a permanent post within an Australian law school is diminishing, and those that do gain permanent employment face unprecedented pressure. They often need to undertake doctorate studies at the same time as they carry a full academic workload. Many bring professional experience, but this experience does not appear to be well-valued within an academic environment. Female junior academics face even further barriers, which have a detrimental impact upon their research performance.
摘要:初级法律学者代表着法学院教学和研究的未来,对塑造法律职业的未来至关重要。然而,尽管研究的重点是以临时合同任命的学术人员,但我们对获得永久就业的初级学者知之甚少。本文研究了澳大利亚法学院700名初级学者的传记。这表明初级学者面临许多挑战。初级学者在澳大利亚法学院获得永久职位的机会正在减少,而那些获得永久工作的学者面临着前所未有的压力。他们通常需要在承担全部学术工作量的同时攻读博士学位。许多人带来了专业经验,但这种经验在学术环境中似乎没有得到很好的重视。女性初级学者面临着更大的障碍,这对她们的研究成绩产生了不利影响。
{"title":"“Permanent” but pressured: junior academics within Australian law schools","authors":"A. Melville, A. Barrow","doi":"10.1080/09695958.2021.1990068","DOIUrl":"https://doi.org/10.1080/09695958.2021.1990068","url":null,"abstract":"ABSTRACT Junior legal academics represent the future of teaching and research in law schools, and are vital in shaping the future of the legal profession. However, while research has focused on academic staff appointed on casual contracts, we know very little about junior academics who have obtained permanent employment. This paper examines the biographies of 700 junior academics within Australian law schools. It reveals that junior academics face many challenges. The opportunity for junior academics to gain a permanent post within an Australian law school is diminishing, and those that do gain permanent employment face unprecedented pressure. They often need to undertake doctorate studies at the same time as they carry a full academic workload. Many bring professional experience, but this experience does not appear to be well-valued within an academic environment. Female junior academics face even further barriers, which have a detrimental impact upon their research performance.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"125 - 141"},"PeriodicalIF":0.6,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48938840","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}
引用次数: 0
期刊
International Journal of the Legal Profession
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1