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The overlooked story of the immigrant lawyer experience in the United States: analyzing income differences in the American legal profession 被忽视的美国移民律师经历:美国法律界收入差异分析
IF 0.6 Q2 LAW Pub Date : 2021-02-25 DOI: 10.1080/09695958.2021.1890090
Vitor M. Dias, A. Kirchoff
ABSTRACT The study of lawyers and legal professionals has long been fertile ground for socio-legal research. Such inquiries typically emphasize the role of these attorneys in shaping social processes and dealing with social problems, for example, with respect to class, gender, and racial inequality in the profession. By contrast, we present a macro-sociological study that examines how immigrant status influences income stratification among lawyers working in the United States. Contributing to the emerging field of legal demography, we use US Census data to analyze income differences between US-born and immigrant lawyers. The findings unveil how these differences are not due to immigrant status alone, but rather the result of other factors such as race, ethnicity, and gender in combination with immigrant status. Therefore, this inquiry contributes to the literature on the legal profession, law and society, and sociology of work by proposing an intersectional component to the debate on stratification and income inequality among lawyers.
摘要长期以来,对律师和法律专业人士的研究一直是社会法律研究的沃土。此类调查通常强调这些律师在塑造社会进程和处理社会问题方面的作用,例如职业中的阶级、性别和种族不平等。相比之下,我们提出了一项宏观社会学研究,考察移民身份如何影响在美国工作的律师的收入分层。我们使用美国人口普查数据来分析美国出生律师和移民律师之间的收入差异,为新兴的法律人口学领域做出了贡献。研究结果揭示了这些差异不仅仅是由于移民身份,而是种族、民族和性别等其他因素与移民身份相结合的结果。因此,这项调查为关于律师之间的分层和收入不平等的辩论提出了一个交叉部分,从而为有关法律职业、法律与社会以及工作社会学的文献做出了贡献。
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引用次数: 0
Evaluating the effectiveness of the lawyer disciplinary system in Japan: a study on “repeaters” 评价日本律师惩戒制度的有效性——对“留级者”的研究
IF 0.6 Q2 LAW Pub Date : 2021-01-22 DOI: 10.1080/09695958.2020.1863217
Kay-Wah Chan
ABSTRACT A lawyer regulatory system will usually include a mechanism to discipline lawyers who have committed misconduct. Such mechanism may have different objective(s) and function(s), which may vary from jurisdictions to jurisdictions. The Japanese system seemingly has, inter alia, deterrent and educational purposes: discouraging further misconduct and/or educating lawyers to reduce recurrence of similar misconduct. This paper focuses on the deterrent function on Japanese lawyers who have been disciplined. Through an empirical analysis of the cases of lawyers who have been disciplined more than once, this paper evaluates the effectiveness of the lawyer disciplinary system in Japan in discouraging the disciplined lawyers from committing misconduct again. It also hypothesises on some of the possible contributory factor(s) for the multiple violations.
律师监管制度通常包括对有不当行为的律师进行惩戒的机制。这种机制可能具有不同的目标和功能,这些目标和功能可能因司法管辖区而异。除其他外,日本制度似乎具有威慑和教育目的:阻止进一步的不当行为和/或教育律师减少类似不当行为的再次发生。本文主要探讨日本律师受惩戒的威慑作用。本文通过对多次受到纪律处分的律师案例的实证分析,评估了日本律师纪律制度在阻止受到纪律处分的律师再次犯下不当行为方面的有效性。它还对多重违规行为的一些可能的促成因素进行了假设。
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引用次数: 0
Criminal legal aid and access to justice: an empirical account of a reduction in resilience 刑事法律援助和诉诸司法:韧性降低的经验解释
IF 0.6 Q2 LAW Pub Date : 2021-01-15 DOI: 10.1080/09695958.2020.1868474
R. Dehaghani, Dan Newman
ABSTRACT This paper examines the work of criminal legal aid solicitors and the state of practice under challenging conditions for the sector. Drawing on an empirical study in south Wales containing 20 semi-structured interviews, it provides original data on the frontline of criminal practice. It is argued – using vulnerability theory – that the challenges facing criminal legal aid solicitors deplete their and their client’s resilience but at the same time bolsters the resilience of the police and prosecution. It further urges that vulnerability theory be used to examine criminal justice in practice, particularly the dynamics between various actors.
摘要本文考察了刑事法律援助律师的工作以及该行业在充满挑战的条件下的执业状况。根据在南威尔士进行的一项包含20次半结构化访谈的实证研究,它提供了犯罪实践前线的原始数据。利用脆弱性理论,有人认为,刑事法律援助律师面临的挑战耗尽了他们及其客户的复原力,但同时增强了警方和检方的复原力。它进一步敦促利用脆弱性理论来审查实践中的刑事司法,特别是各种行为者之间的动态。
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引用次数: 6
“A lot of people are paying like $5 a week for 20 years”: New Zealand lawyers, discounts, and payment plans “很多人20年来每周只付5美元”:新西兰律师、折扣和付款计划
IF 0.6 Q2 LAW Pub Date : 2021-01-08 DOI: 10.1080/09695958.2020.1863219
Bridgette Toy-Cronin, Louisa Choe, Kayla Stewart
ABSTRACT The unaffordability of legal assistance is a widespread problem in New Zealand, as it is in many other common law countries. One way legal assistance is made more accessible is by lawyers offering discounting and payment plans. There is very limited research about how these practices operate and whether they are effective at delivering services to people in need. This article reports the results of a mixed-methods study to investigate New Zealand lawyers’ attitudes to these services, the extent to which they offered them, and how they were structured. The data showed that most lawyers offered discounts and payment plans. The decision to offer these services was generally made on a case-by-case basis and to clients who individual lawyers, in their discretion, considered worthy cases. The amount of the discount was often benchmarked to the legal aid rate but this could still put legal fees out of reach for many clients. While payment plans could offer liquidity for clients to access justice, they could also be problematic, drawing clients into long term debt. Starting with the client’s budget and determining legal fees from that starting point delivers more affordable legal services than the emphasis on discounting and payment plans.
摘要法律援助的负担不起在新西兰是一个普遍存在的问题,在许多其他普通法国家也是如此。让法律援助更容易获得的一种方法是律师提供折扣和付款计划。关于这些做法是如何运作的,以及它们是否能有效地为有需要的人提供服务,研究非常有限。本文报告了一项混合方法研究的结果,该研究旨在调查新西兰律师对这些服务的态度、他们提供服务的程度以及服务的结构。数据显示,大多数律师都提供折扣和付款计划。提供这些服务的决定通常是根据具体情况做出的,并针对个别律师自行认为有价值的案件的客户。折扣金额通常以法律援助费率为基准,但这仍然可能使许多客户无法支付法律费用。虽然支付计划可以为客户伸张正义提供流动性,但也可能存在问题,使客户陷入长期债务。从客户的预算开始,并从这个起点确定法律费用,可以提供比强调折扣和付款计划更实惠的法律服务。
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引用次数: 0
The nature of the disciplinary system over Myanmar lawyers: differences from international standards and implications for international legal transplants 缅甸律师惩戒制度的性质:与国际标准的差异及其对国际法律移植的影响
IF 0.6 Q2 LAW Pub Date : 2021-01-08 DOI: 10.1080/09695958.2020.1867148
Jonathan F D Liljeblad
ABSTRACT International organizations such as the International Bar Association (IBA), International Commission of Jurists (ICJ), and United Nations (UN) have been engaged in efforts to reform Myanmar's laws regarding the legal profession as part of larger rule-of-law initiatives in the country. Part of such efforts are strategies to change professional conduct rules to match international practices in the regulation of lawyers. The present analysis focuses on the disciplinary mechanisms for lawyers in Myanmar. The analysis seeks to determine the extent to which Myanmar's existing disciplinary mechanisms for lawyers deviate from international standards held by the IBA, ICJ, and UN. The analysis argues that the structural nature of Myanmar’s disciplinary system renders it incapable of meeting international expectations because it sustains British colonial laws that centralized power over lawyers underneath institutions of the state. The analysis identifies the significance of these deviations for international legal transplant efforts.
国际律师协会(IBA)、国际法学家委员会(ICJ)和联合国(UN)等国际组织一直致力于改革缅甸有关法律职业的法律,作为该国更大的法治倡议的一部分。这类努力的一部分是制定战略,改变职业行为规则,使之与管理律师的国际惯例相匹配。本分析的重点是缅甸律师的惩戒机制。该分析旨在确定缅甸现有的律师纪律机制在多大程度上偏离了国际律师协会、国际法院和联合国所持有的国际标准。分析认为,缅甸纪律制度的结构性质使其无法满足国际期望,因为它维持了英国殖民法律,将权力集中在国家机构之下的律师身上。分析确定了这些偏差对国际法律移植工作的重要性。
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引用次数: 1
Exploring female lawyers’ competence in Ghanaian law firms: clients’ perspective 从客户角度探讨加纳律师事务所女性律师的能力
IF 0.6 Q2 LAW Pub Date : 2021-01-07 DOI: 10.1080/09695958.2020.1863218
Samuel Howard Quartey, Beryl Akuffo-Kwapong, Damian Etone
ABSTRACT This paper aims to explore how clients perceive the competence of female lawyers in Ghanaian law firms. As an exploratory qualitative study, thematic analytic approach was used to analyse the interview data gathered from 15 clients of law firms. The findings reveal that clients consider the gender of lawyers when making hiring decisions and determining competence. The findings also suggest that clients consider legal expertise, professionalism, knowledgeability, gender attributes, and social interaction as critical determinants of female lawyers’ competence in law firms. We suggest that managers of law firms should understand and consider the role of clients in competence development. Managers of law firms could also manage gender-based competence biases of clients and improve practice management by implementing effective gender policies and client–lawyer relationship management strategies. The wider implication for the gender schema theory is that gender schemas of clients affect competency measurement and assessment. The current competence-based theorizations in management science could consider client perspective.
摘要本文旨在探讨客户如何看待加纳律师事务所女性律师的能力。作为一种探索性质的研究,本研究采用主题分析法对15家律师事务所客户的访谈数据进行分析。调查结果显示,客户在做出雇佣决定和确定能力时,会考虑律师的性别。研究结果还表明,客户认为法律专业知识、专业精神、知识水平、性别属性和社会互动是律师事务所女性律师能力的关键决定因素。我们建议律师事务所的管理者应该理解并考虑客户在能力发展中的作用。律师事务所管理者还可以通过实施有效的性别政策和客户-律师关系管理策略来管理客户基于性别的能力偏见,提高业务管理水平。性别图式理论的更广泛的含义是客户的性别图式影响胜任力的测量和评估。目前管理科学中以能力为基础的理论可以考虑客户的观点。
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引用次数: 0
From private office to civil service department: cultural change in the Lord Chancellor's Department 1970–1986 从私人办公室到公务员部门:1970–1986年大法官部门的文化变革
IF 0.6 Q2 LAW Pub Date : 2021-01-02 DOI: 10.1080/09695958.2020.1866578
L. Mulcahy, Emma Rowden
ABSTRACT A considerable amount of literature exists on the office of the Lord Chancellor and the unique role of the holders of this office played in the British constitution for many hundreds of years. However, hardly any research has been undertaken on the civil servants that worked in the Lord Chancellor's Office and the way in which they assisted the navigation of a difficult path between matters pertaining to the legislative, executive and judicial branches of government. Drawing on an extensive review of the archives relating to the Courts Act 1971, this article draws attention to the elite band of lawyers who made up the office and the ways in which their scant knowledge of the administration of justice was exposed in the corridors of Whitehall in the years that followed this Act coming into effect. The events we describe are of particular interest because they occurred away from the public gaze, behind the scenes in Whitehall and because they represented a transformation of the role of the office from policy makers to service providers.
数百年来,关于大法官一职以及大法官在英国宪法中所扮演的独特角色的文献相当多。但是,几乎没有对在大法官办公室工作的公务员进行任何研究,也没有对他们如何在与政府的立法、行政和司法部门有关的事项之间协助导航这条困难的道路进行研究。通过对1971年《法院法案》相关档案的广泛回顾,本文提请人们注意组成该办公室的精英律师队伍,以及在该法生效后的几年里,他们对司法行政知之甚少的方式在白厅走廊上暴露出来。我们所描述的事件之所以特别有趣,是因为它们发生在公众视线之外,在白厅的幕后,还因为它们代表了办公室角色从政策制定者向服务提供者的转变。
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引用次数: 1
Government lawyers: technicians, policy shapers and organisational brakes 政府律师:技术人员、政策制定者和组织制动器
IF 0.6 Q2 LAW Pub Date : 2021-01-02 DOI: 10.1080/09695958.2021.1877715
P. Lewis, L. Mulcahy
ABSTRACT Government lawyers have been rather neglected by scholars interested in the workings of the legal profession and the role of professional groups in contemporary society. This is surprising given the potential for them to influence the internal workings of an increasingly legalistic and centralised state. This article aims to partly fill this gap by looking at the way that lawyers employed by the government and the administrators they work with talk about their jobs. It draws on the findings of a large-scale empirical study of government lawyers in seven departments, funded by the ESRC and undertaken by Philip Lewis between 2002–2003. By looking at lawyers in bureaucracies the interviews conducted revealed much about the work that government lawyers do, their relationship with other civil servants and the subtle influences on policy that they are able to exert.
政府律师一直被关注法律职业运作和职业群体在当代社会中的作用的学者所忽视。考虑到他们有可能影响一个日益法制化和中央集权的国家的内部运作,这令人惊讶。本文旨在通过观察政府雇佣的律师和与他们共事的行政人员谈论工作的方式,部分填补这一空白。它借鉴了2002年至2003年间由ESRC资助、Philip Lewis对七个部门的政府律师进行的大规模实证研究的结果。通过观察官僚机构中的律师,所进行的采访揭示了政府律师所做的工作、他们与其他公务员的关系以及他们能够对政策施加的微妙影响。
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引用次数: 1
Unlocking the potential of AI for English law 释放人工智能在英国法律领域的潜力
IF 0.6 Q2 LAW Pub Date : 2021-01-02 DOI: 10.1080/09695958.2020.1857765
J. Armour, R. Parnham, M. Sako
ABSTRACT This paper discusses how digital technologies including artificial intelligence (AI) reshape the work of lawyers and the organisations that they work for. We overview how AI is being used in legal services, and identify three distinct impacts: AI substitutes automatable legal tasks; AI enhances productivity of lawyers giving advice on the basis of AI-generated outputs; and legal expertise itself augments the deployment of AI when lawyers work as part of a multi-disciplinary team (MDT) encompassing a range of relevant professional expertise. Our survey of English solicitors shows that AI deployment is associated with MDTs, and that MDTs are less prevalent in law firms than in corporations. This latter finding is due to challenges that law firms face as mono-professional partnerships. We find evidence from our interviews that their challenges lie not so much in capital constraints, relaxed via alternative business structures in the UK, but in traditional law firms’ inability to recruit and retain talent other than those in the legal profession. Inadequate adaption is occurring in law firms shifting their structure from a funnel shape to a rocket shape with junior lawyers in partnership tournament working alongside a growing number of non-lawyers whose career paths offer no prospect of partnership.
本文讨论了包括人工智能(AI)在内的数字技术如何重塑律师及其工作组织的工作。我们概述了人工智能在法律服务中的应用,并确定了三个不同的影响:人工智能替代了自动化的法律任务;人工智能提高了律师根据人工智能生成的输出提供建议的效率;当律师作为包含一系列相关专业知识的多学科团队(MDT)的一部分工作时,法律专业知识本身就会增加人工智能的部署。我们对英国律师的调查显示,人工智能的部署与mdt有关,而mdt在律师事务所的普及程度不如在公司。后一项发现是由于律师事务所作为单一专业合作伙伴所面临的挑战。我们在采访中发现,他们面临的挑战与其说是资本限制(英国通过另类业务结构放宽了资本限制),不如说传统律师事务所无法招聘和留住法律专业以外的人才。律师事务所正在将其结构从漏斗形状转变为火箭形状,在合伙人锦标赛中,初级律师与越来越多的非律师一起工作,这些非律师的职业道路没有合伙人的前景。
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引用次数: 4
Lawyers in society: a celebration of the work of Philip Lewis and his legacy 社会中的律师:对菲利普·刘易斯的工作及其遗产的庆祝
IF 0.6 Q2 LAW Pub Date : 2021-01-02 DOI: 10.1080/09695958.2021.1874958
H. Sommerlad, Ole Hammerslev
ABSTRACT This paper begins by explaining Philip Lewis’s key contribution to the development of legal professions studies, culminating in the three volume comparative work Lawyers in Society to which he contributed and co-edited with Rick Abel [(1988a) Lawyers in Society: Vol I The Common Law World (Berkeley, University of California Press); (1988b) Lawyers in Society: Vol II The Civil Law World (Berkeley, University of California Press); (1989a) Lawyers in Society: Vol III Comparative Theories (Berkeley, University of California Press)]. We discuss how this project led to the establishment of the RCSL International Working Group for Comparative Studies of Legal Professions – http://rcsl.iscte.pt/rcsl_wg_professions.htm – and, thirty years later, inspired our current work: Lawyers in 21st Century Societies https://www.bloomsburyprofessional.com/uk/lawyers-in-21st-century-societies-9781509915156/. We outline the parameters of both studies, focusing particularly on their methodology, and summarise some findings from the current study. We conclude by acknowledging the enormous debt this owes to Philip Lewis.
本文首先解释菲利普·刘易斯对法律职业研究发展的重要贡献,最后是他与里克·阿贝尔(Rick Abel)合著的三卷本比较著作《社会中的律师》[(1988a)《社会中的律师:第一卷:普通法世界》(伯克利,加州大学出版社);(1988b)社会中的律师:第二卷:民法世界(伯克利,加州大学出版社);(1989a)社会中的律师:第三卷比较理论(伯克利,加州大学出版社)。我们讨论了这个项目是如何导致建立RCSL法律职业比较研究国际工作组的- http://rcsl.iscte.pt/rcsl_wg_professions.htm -并且,三十年后,启发了我们目前的工作:21世纪社会的律师https://www.bloomsburyprofessional.com/uk/lawyers-in-21st-century-societies-9781509915156/。我们概述了这两项研究的参数,特别关注他们的方法,并总结了当前研究的一些发现。最后,我们承认这对菲利普·刘易斯的巨大亏欠。
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引用次数: 1
期刊
International Journal of the Legal Profession
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