Pub Date : 2021-10-30DOI: 10.1080/09695958.2021.1992283
J. Dawuni
ABSTRACT The legal profession in Ghana traces its origins to the British legal system which was transplanted to Ghana during colonization. Since the first Ghanaian lawyer was called to the British Bar in 1887, the legal profession has grown and developed into a cadre of lawyers who act in various professional capacities. This article uses a historical institutionalist approach in examining the development of the legal profession in Ghana. The article provides indepth analyses of the changes that have taken place in the profession since the first law school was established in Ghana in 1958. It examines various transformations that have occurred, and how lawyers have navigated the fast-changing globalization trends at the domestic and international levels. The article concludes with ideas for future research on the legal profession in Ghana.
{"title":"The legal profession in Ghana: from indigenization to globalization","authors":"J. Dawuni","doi":"10.1080/09695958.2021.1992283","DOIUrl":"https://doi.org/10.1080/09695958.2021.1992283","url":null,"abstract":"ABSTRACT The legal profession in Ghana traces its origins to the British legal system which was transplanted to Ghana during colonization. Since the first Ghanaian lawyer was called to the British Bar in 1887, the legal profession has grown and developed into a cadre of lawyers who act in various professional capacities. This article uses a historical institutionalist approach in examining the development of the legal profession in Ghana. The article provides indepth analyses of the changes that have taken place in the profession since the first law school was established in Ghana in 1958. It examines various transformations that have occurred, and how lawyers have navigated the fast-changing globalization trends at the domestic and international levels. The article concludes with ideas for future research on the legal profession in Ghana.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"75 - 101"},"PeriodicalIF":0.6,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41471902","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 : 2021-09-29DOI: 10.1080/09695958.2021.1978451
J. Flood
ABSTRACT The English Bar sets great store by traditions and symbols. One of these, the cab rank rule, is considered above reproach. The author was commissioned to examine the working of the rule by the Legal Services Board. The resulting analysis caused much indignation among the Bar with a complete rejection of the research. This article discusses from sociological and economic perspectives how the rule functions and why the Bar was unable to engage positively. It also examines various issues in doing research on the legal profession by looking at other researchers’ histories, how the legal profession is averse to change and modernisation and clings to a manufactured sense of tradition. Any challenge to the profession’s symbolic order is perceived as a threat rather than a moment of reflection.
{"title":"Traditions, symbols, and the challenges of researching the legal profession: the case of the cab rank rule and the Bar’s responses","authors":"J. Flood","doi":"10.1080/09695958.2021.1978451","DOIUrl":"https://doi.org/10.1080/09695958.2021.1978451","url":null,"abstract":"ABSTRACT The English Bar sets great store by traditions and symbols. One of these, the cab rank rule, is considered above reproach. The author was commissioned to examine the working of the rule by the Legal Services Board. The resulting analysis caused much indignation among the Bar with a complete rejection of the research. This article discusses from sociological and economic perspectives how the rule functions and why the Bar was unable to engage positively. It also examines various issues in doing research on the legal profession by looking at other researchers’ histories, how the legal profession is averse to change and modernisation and clings to a manufactured sense of tradition. Any challenge to the profession’s symbolic order is perceived as a threat rather than a moment of reflection.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"3 - 32"},"PeriodicalIF":0.6,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48043078","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 : 2021-09-29DOI: 10.1080/09695958.2021.1982719
Lore Mergaerts
ABSTRACT Both case law of the European Court of Human Rights and EU legal instruments on the one hand, and academic legal psychological literature on the other, recognise the specific needs of so-called vulnerable suspects in criminal proceedings. In this regard, the important role of the criminal defence lawyer in compensating for a suspect’s vulnerability is emphasised, especially because vulnerable persons require special care to understand their legal rights and to improve the quality of their statements. Consequently, defence lawyers must be aware early on in proceedings whether their clients can be qualified as vulnerable in order to adequately deal with this presumed vulnerability. In practice, determining early on whether or not a client is vulnerable is a challenging task. Drawing from a legal theoretical and qualitative empirical analysis, this article outlines how Belgian defence lawyers perceive and identify suspect vulnerability in the early stages of a criminal investigation.
{"title":"Defence lawyers’ views on and identification of suspect vulnerability in criminal proceedings","authors":"Lore Mergaerts","doi":"10.1080/09695958.2021.1982719","DOIUrl":"https://doi.org/10.1080/09695958.2021.1982719","url":null,"abstract":"ABSTRACT Both case law of the European Court of Human Rights and EU legal instruments on the one hand, and academic legal psychological literature on the other, recognise the specific needs of so-called vulnerable suspects in criminal proceedings. In this regard, the important role of the criminal defence lawyer in compensating for a suspect’s vulnerability is emphasised, especially because vulnerable persons require special care to understand their legal rights and to improve the quality of their statements. Consequently, defence lawyers must be aware early on in proceedings whether their clients can be qualified as vulnerable in order to adequately deal with this presumed vulnerability. In practice, determining early on whether or not a client is vulnerable is a challenging task. Drawing from a legal theoretical and qualitative empirical analysis, this article outlines how Belgian defence lawyers perceive and identify suspect vulnerability in the early stages of a criminal investigation.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"281 - 301"},"PeriodicalIF":0.6,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44929903","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 : 2021-07-22DOI: 10.1080/09695958.2021.1953502
U. Schultz
ABSTRACT Women lawyers are still grossly underrepresented in arbitration which is a field of big business where high incomes are made. It is dominated by big law firms. Till two decades ago the number of women in these firms was small, but as in many countries women meanwhile outnumber men in legal education, the law firms have to hire women increasingly as they need the female talent. On associate level women meanwhile have a fair share. The question arose amongst practitioners which impact an intrusion of women in this formerly male field would have. Can women negotiate as successfully as their male colleagues and do they judge differently? That means that the questions dealt with over many years in projects on gender and judging appeared in a new context.
{"title":"Gender and potential impacts on decision-making in arbitration: experiences from Germany in an international field","authors":"U. Schultz","doi":"10.1080/09695958.2021.1953502","DOIUrl":"https://doi.org/10.1080/09695958.2021.1953502","url":null,"abstract":"ABSTRACT Women lawyers are still grossly underrepresented in arbitration which is a field of big business where high incomes are made. It is dominated by big law firms. Till two decades ago the number of women in these firms was small, but as in many countries women meanwhile outnumber men in legal education, the law firms have to hire women increasingly as they need the female talent. On associate level women meanwhile have a fair share. The question arose amongst practitioners which impact an intrusion of women in this formerly male field would have. Can women negotiate as successfully as their male colleagues and do they judge differently? That means that the questions dealt with over many years in projects on gender and judging appeared in a new context.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"53 - 74"},"PeriodicalIF":0.6,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1953502","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42560260","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 : 2021-06-25DOI: 10.1080/09695958.2021.1936919
Kay-Wah Chan, Judith A. McMorrow
(2021). Editorial/Introduction. International Journal of the Legal Profession: Vol. 28, Special Issue on Regulating Lawyers Through Disciplinary Systems, pp. 127-128.
{"title":"Editorial/Introduction","authors":"Kay-Wah Chan, Judith A. McMorrow","doi":"10.1080/09695958.2021.1936919","DOIUrl":"https://doi.org/10.1080/09695958.2021.1936919","url":null,"abstract":"(2021). Editorial/Introduction. International Journal of the Legal Profession: Vol. 28, Special Issue on Regulating Lawyers Through Disciplinary Systems, pp. 127-128.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"5 6","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138520310","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 : 2021-05-04DOI: 10.1080/09695958.2021.1922414
H. Whalen-Bridge
ABSTRACT The concept of pro bono has been established in a variety of countries and has developed a distinctive discourse. Aspects of this discourse have also begun to impact other areas of the law, such as mitigation in professional misconduct. However, problems can arise if aspects of one discourse are imported into others. Using the Singapore law of professional misconduct as a case study, this article utilizes concepts from discourse analysis to understand how discourse regarding lawyers can be removed from its original context and inserted into another. The article identifies two examples of pro bono discourse in the mitigation of professional misconduct, that of distinguishing law-related public service from other charitable acts and distinguishing genuine pro bono services from self-serving commercial activity. The article investigates the coherence of this pro bono discourse in the field of professional misconduct and concludes that some pro bono discourse fits its new context while others do not. The article argues for an increased awareness of how lawyer discourse potentially impacts professional regulation.
{"title":"Managing discourse about lawyers: pro bono and professional misconduct","authors":"H. Whalen-Bridge","doi":"10.1080/09695958.2021.1922414","DOIUrl":"https://doi.org/10.1080/09695958.2021.1922414","url":null,"abstract":"ABSTRACT The concept of pro bono has been established in a variety of countries and has developed a distinctive discourse. Aspects of this discourse have also begun to impact other areas of the law, such as mitigation in professional misconduct. However, problems can arise if aspects of one discourse are imported into others. Using the Singapore law of professional misconduct as a case study, this article utilizes concepts from discourse analysis to understand how discourse regarding lawyers can be removed from its original context and inserted into another. The article identifies two examples of pro bono discourse in the mitigation of professional misconduct, that of distinguishing law-related public service from other charitable acts and distinguishing genuine pro bono services from self-serving commercial activity. The article investigates the coherence of this pro bono discourse in the field of professional misconduct and concludes that some pro bono discourse fits its new context while others do not. The article argues for an increased awareness of how lawyer discourse potentially impacts professional regulation.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"223 - 239"},"PeriodicalIF":0.6,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1922414","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46426000","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 : 2021-04-30DOI: 10.1080/09695958.2021.1920417
Salvatore Caserta
ABSTRACT This article explores how classical sociological theories such as functionalism, critical approaches, and Weberian intepretivism, can help understand the legal profession in the digital age. It argues that functionalist approaches allow to explore the changing societal role of lawyers in a digital world. Critical approaches allow for understanding how the legal profession respond to different constellations of actors and other social forces and how it is characterized by internal divisions and stratifications. Finally, Weberian approaches are helpful to reveal how the legal profession legitimizes itself by developing specific legal rationalities in response to societal and political dynamics.
{"title":"The sociology of the legal profession in the digital age","authors":"Salvatore Caserta","doi":"10.1080/09695958.2021.1920417","DOIUrl":"https://doi.org/10.1080/09695958.2021.1920417","url":null,"abstract":"ABSTRACT This article explores how classical sociological theories such as functionalism, critical approaches, and Weberian intepretivism, can help understand the legal profession in the digital age. It argues that functionalist approaches allow to explore the changing societal role of lawyers in a digital world. Critical approaches allow for understanding how the legal profession respond to different constellations of actors and other social forces and how it is characterized by internal divisions and stratifications. Finally, Weberian approaches are helpful to reveal how the legal profession legitimizes itself by developing specific legal rationalities in response to societal and political dynamics.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"319 - 334"},"PeriodicalIF":0.6,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1920417","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47457817","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 : 2021-03-25DOI: 10.1080/09695958.2021.1901715
M. Thornton
ABSTRACT From around the millennial turn, Australia was to the fore among common law countries in the liberalisation of legal practice with a range of radical reforms, such as the ownership of firms by non-lawyers and listing on the stock exchange. Albeit not peculiar to Australia, technological innovations, including remote working, digitalised platforms and artificial intelligence (AI), are also dramatically changing the way law is practised. Invariably motivated by profit maximisation, the impact of these reforms poses discomfiting questions for the underlying values of legal professionalism. This article will overview the reforms that have occurred, drawing on a small study of NewLaw firms in Australia and the UK, to illustrate how the “Uberisation” of contemporary legal practice is contributing to a new incarnation of postprofessionalism. The article will also show how the injunction to work at home in response to COVID-19 has given “Uberisation” an adrenalin shot in the arm.
{"title":"Legal professionalism in a context of Uberisation","authors":"M. Thornton","doi":"10.1080/09695958.2021.1901715","DOIUrl":"https://doi.org/10.1080/09695958.2021.1901715","url":null,"abstract":"ABSTRACT From around the millennial turn, Australia was to the fore among common law countries in the liberalisation of legal practice with a range of radical reforms, such as the ownership of firms by non-lawyers and listing on the stock exchange. Albeit not peculiar to Australia, technological innovations, including remote working, digitalised platforms and artificial intelligence (AI), are also dramatically changing the way law is practised. Invariably motivated by profit maximisation, the impact of these reforms poses discomfiting questions for the underlying values of legal professionalism. This article will overview the reforms that have occurred, drawing on a small study of NewLaw firms in Australia and the UK, to illustrate how the “Uberisation” of contemporary legal practice is contributing to a new incarnation of postprofessionalism. The article will also show how the injunction to work at home in response to COVID-19 has given “Uberisation” an adrenalin shot in the arm.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"243 - 263"},"PeriodicalIF":0.6,"publicationDate":"2021-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1901715","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44478532","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 : 2021-03-10DOI: 10.1080/09695958.2021.1889560
A. Boon, A. Whyte
ABSTRACT This study deals with misconduct cases involving solicitors, the largest legal profession in England and Wales. It covers a 20 year period and focuses in detail on three points during that period: 1994–1996, 2008 and 2015. These points cover different stages during the evolution of the regulatory system from what was arguably the height of legal professionalism to the post-professional system initiated by the revolutionary Legal Services Act 2007. Drawing on detailed studies of disciplinary cases we examine the relationship between professional demography and modes of regulation in determining the outcomes of regulation.
{"title":"“Trusted to the ends of the earth?” An analysis of solicitors’ disciplinary processes in England and Wales from 1994 to 2015","authors":"A. Boon, A. Whyte","doi":"10.1080/09695958.2021.1889560","DOIUrl":"https://doi.org/10.1080/09695958.2021.1889560","url":null,"abstract":"ABSTRACT This study deals with misconduct cases involving solicitors, the largest legal profession in England and Wales. It covers a 20 year period and focuses in detail on three points during that period: 1994–1996, 2008 and 2015. These points cover different stages during the evolution of the regulatory system from what was arguably the height of legal professionalism to the post-professional system initiated by the revolutionary Legal Services Act 2007. Drawing on detailed studies of disciplinary cases we examine the relationship between professional demography and modes of regulation in determining the outcomes of regulation.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"129 - 157"},"PeriodicalIF":0.6,"publicationDate":"2021-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1889560","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44134730","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}
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