Pub Date : 2021-01-02DOI: 10.1080/09695958.2021.1877716
A. Paterson
ABSTRACT Presidents of the UK Supreme Court have a degree of flexibility in how they approach their role, and how they exercise the power that they undoubtedly have to shape key aspects of collective judicial decision-making in the Court. This article, based on interviews with the Justices, focuses on the way that Lord Neuberger interpreted the role and how his colleagues thought that he carried out the role. Taking Steven Lukes’ account of “power” as its starting point the piece seeks to show how Lord Neuberger harnessed the power of the president to enhance the reputation of the Court and to develop a form of group decision making based on team work which was far removed from the operation of the House of Lords even under the leadership of Lord Bingham. The Miller No. 1 case (2017) is used as a case study of presidential power in operation.
{"title":"Creating a group oriented Supreme Court – Lord Neuberger’s legacy","authors":"A. Paterson","doi":"10.1080/09695958.2021.1877716","DOIUrl":"https://doi.org/10.1080/09695958.2021.1877716","url":null,"abstract":"ABSTRACT Presidents of the UK Supreme Court have a degree of flexibility in how they approach their role, and how they exercise the power that they undoubtedly have to shape key aspects of collective judicial decision-making in the Court. This article, based on interviews with the Justices, focuses on the way that Lord Neuberger interpreted the role and how his colleagues thought that he carried out the role. Taking Steven Lukes’ account of “power” as its starting point the piece seeks to show how Lord Neuberger harnessed the power of the president to enhance the reputation of the Court and to develop a form of group decision making based on team work which was far removed from the operation of the House of Lords even under the leadership of Lord Bingham. The Miller No. 1 case (2017) is used as a case study of presidential power in operation.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"107 - 126"},"PeriodicalIF":0.6,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2021.1877716","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46289076","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 : 2020-12-18DOI: 10.1080/09695958.2020.1859378
Hiroharu Saito
ABSTRACT Do lawyer fees influence lawyer behavior? The impact of lawyer fees on lawyer behavior has been discussed theoretically and anecdotally, mostly from an aspect of economic incentives. Yet little research has empirically examined this issue. This article aims to add one empirical study. I conducted a vignette experiment with 206 Japanese divorce lawyers. Scenarios of divorce disputes involving certain ethical dilemmas were used to measure partisanship. The description of fee arrangement in the scenarios varied to compare three conditions: (a) no specific description of lawyer fee (the control condition), (b) JPY 300 thousand retainer with additional JPY 300 thousand contingency (a typical fee arrangement in Japan), and (c) JPY 450 thousand retainer with no contingency (a lump-sum prepaid arrangement). I found that partisanship of lawyers became higher in conditions with fee descriptions, when they were conscious of (the existence of) the fee. This phenomenon was observed in condition (c) of a lump-sum prepaid fee arrangement as well as in condition (b) of a typical fee arrangement combining a retainer and contingency. The findings indicate that the reciprocity norm, rather than economic incentives, may have a power on the relationship between lawyer fees and lawyer behavior.
{"title":"The impact of lawyer fees on lawyer partisanship: the reciprocity norm may matter","authors":"Hiroharu Saito","doi":"10.1080/09695958.2020.1859378","DOIUrl":"https://doi.org/10.1080/09695958.2020.1859378","url":null,"abstract":"ABSTRACT Do lawyer fees influence lawyer behavior? The impact of lawyer fees on lawyer behavior has been discussed theoretically and anecdotally, mostly from an aspect of economic incentives. Yet little research has empirically examined this issue. This article aims to add one empirical study. I conducted a vignette experiment with 206 Japanese divorce lawyers. Scenarios of divorce disputes involving certain ethical dilemmas were used to measure partisanship. The description of fee arrangement in the scenarios varied to compare three conditions: (a) no specific description of lawyer fee (the control condition), (b) JPY 300 thousand retainer with additional JPY 300 thousand contingency (a typical fee arrangement in Japan), and (c) JPY 450 thousand retainer with no contingency (a lump-sum prepaid arrangement). I found that partisanship of lawyers became higher in conditions with fee descriptions, when they were conscious of (the existence of) the fee. This phenomenon was observed in condition (c) of a lump-sum prepaid fee arrangement as well as in condition (b) of a typical fee arrangement combining a retainer and contingency. The findings indicate that the reciprocity norm, rather than economic incentives, may have a power on the relationship between lawyer fees and lawyer behavior.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"319 - 334"},"PeriodicalIF":0.6,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1859378","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44805259","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 : 2020-12-08DOI: 10.1080/09695958.2020.1854768
Agnieszka Kubal
ABSTRACT This paper looks at the human rights and immigration lawyers in Russia inspired by the approach that embraces both human and non-human objects in shaping the everyday experiences of the law. Drawing on five months ethnographic fieldwork in Russian legal aid NGOs that represent asylum seekers and interviews with the immigration lawyers who worked there, this paper casts more light on the file-based model of delivering justice, whereby refugees and their stories cannot be constructed differently than through the materiality of the case file. This paper argues that the specific relationship between the immigration lawyers and their clients’ case files has not developed in a vacuum, but can be traced back to the traditions of the legal profession in Russia. It is also illustrative of three specific traits of the broader Russian legal culture: legal formalism, the inconsistency of the legal process and the hyperbolic reality-mediating function attached to documentary evidence.
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Pub Date : 2020-12-03DOI: 10.1080/09695958.2020.1848843
Xin Yuan
ABSTRACT Traditional Chinese legal education is academic-oriented, which is often criticised for not preparing students for practice adequately. In order to accelerate the rebirth of the Chinese legal profession, a new practice-oriented legal qualification, the Juris Master, was created by the Chinese State. However, since its inception, the Juris Master has been beset with problems. This article analyses the major problems in the Juris Master in terms of educational goals, the teaching content and teaching methods and the management of faculties, and examines their causes from the political, cultural, and social perspectives. In response to these problems, this article suggests solutions in four aspects: competence-based educational goals, problem-based learning methods, an integrative international curriculum, and part-time faculty employment systems.
{"title":"The new Juris Master Degree: China’s tightrope between theory-oriented and practice-oriented legal education","authors":"Xin Yuan","doi":"10.1080/09695958.2020.1848843","DOIUrl":"https://doi.org/10.1080/09695958.2020.1848843","url":null,"abstract":"ABSTRACT Traditional Chinese legal education is academic-oriented, which is often criticised for not preparing students for practice adequately. In order to accelerate the rebirth of the Chinese legal profession, a new practice-oriented legal qualification, the Juris Master, was created by the Chinese State. However, since its inception, the Juris Master has been beset with problems. This article analyses the major problems in the Juris Master in terms of educational goals, the teaching content and teaching methods and the management of faculties, and examines their causes from the political, cultural, and social perspectives. In response to these problems, this article suggests solutions in four aspects: competence-based educational goals, problem-based learning methods, an integrative international curriculum, and part-time faculty employment systems.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"209 - 228"},"PeriodicalIF":0.6,"publicationDate":"2020-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1848843","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41495411","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 : 2020-11-08DOI: 10.1080/09695958.2020.1815540
Selene Mize
ABSTRACT New Zealand’s new regulatory system for lawyers has been operating since 2008. This article evaluates this system – it has several positive features, but there are also items of concern. These include delays in resolving complaints, especially at the Legal Complaints Review Officer level. Whether there is sufficient publicity on the workings of the disciplinary system, its outcomes, and the naming of disciplined lawyers, is also considered. There is a particular focus on the lack of searchable full-text Standards Committee decisions, and the requirement that the approval of the Board of the New Zealand Law Society be obtained before publishing the identity of a censured lawyer. The final focus is on people’s willingess to make reports and complaints to the Law Society about lawyers suspected of wrongdoing. It has come to light recently that, at least in the sensitive areas of harassment and bullying, there is a reluctance to complain. People with knowledge of likely wrong-doing by lawyers must be willing to complain if a complaints-driven process like New Zealand’s is to function effectively.
{"title":"Disciplining legal practitioners in New Zealand","authors":"Selene Mize","doi":"10.1080/09695958.2020.1815540","DOIUrl":"https://doi.org/10.1080/09695958.2020.1815540","url":null,"abstract":"ABSTRACT New Zealand’s new regulatory system for lawyers has been operating since 2008. This article evaluates this system – it has several positive features, but there are also items of concern. These include delays in resolving complaints, especially at the Legal Complaints Review Officer level. Whether there is sufficient publicity on the workings of the disciplinary system, its outcomes, and the naming of disciplined lawyers, is also considered. There is a particular focus on the lack of searchable full-text Standards Committee decisions, and the requirement that the approval of the Board of the New Zealand Law Society be obtained before publishing the identity of a censured lawyer. The final focus is on people’s willingess to make reports and complaints to the Law Society about lawyers suspected of wrongdoing. It has come to light recently that, at least in the sensitive areas of harassment and bullying, there is a reluctance to complain. People with knowledge of likely wrong-doing by lawyers must be willing to complain if a complaints-driven process like New Zealand’s is to function effectively.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"159 - 180"},"PeriodicalIF":0.6,"publicationDate":"2020-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1815540","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49663658","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 : 2020-10-26DOI: 10.1080/09695958.2020.1830099
Francine Ryan
ABSTRACT Pro bono is seen as an important aspect of the working lives of many legal professionals. The withdrawal of legal aid for most civil law claims has led to a greater need for pro bono legal services. This article describes and analyses the findings of an empirical study with solicitors to explore their views on pro bono. It seeks to understand perceptions of pro bono work and examine the reasons why individuals choose to give their time for free to help those who have unmet legal needs. Following an analysis of interview data, this article argues there is a significant commitment to pro bono within the legal profession, but there tensions associated with the delivery of pro bono legal services. This study builds on the work of academics in the US and Australia to add to the literature on our understanding of pro bono within the context of England and Wales.
{"title":"Voices from the front line: exploring what pro bono means to lawyers in England and Wales?","authors":"Francine Ryan","doi":"10.1080/09695958.2020.1830099","DOIUrl":"https://doi.org/10.1080/09695958.2020.1830099","url":null,"abstract":"ABSTRACT Pro bono is seen as an important aspect of the working lives of many legal professionals. The withdrawal of legal aid for most civil law claims has led to a greater need for pro bono legal services. This article describes and analyses the findings of an empirical study with solicitors to explore their views on pro bono. It seeks to understand perceptions of pro bono work and examine the reasons why individuals choose to give their time for free to help those who have unmet legal needs. Following an analysis of interview data, this article argues there is a significant commitment to pro bono within the legal profession, but there tensions associated with the delivery of pro bono legal services. This study builds on the work of academics in the US and Australia to add to the literature on our understanding of pro bono within the context of England and Wales.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"265 - 278"},"PeriodicalIF":0.6,"publicationDate":"2020-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1830099","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48715001","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 : 2020-10-21DOI: 10.1080/09695958.2020.1830098
J. Paquin
ABSTRACT This article presents an effort to transcend the law vs business dichotomy that usually tends to prevail in discussions on the future of the legal profession, by identifying the various logics to which lawyers are exposed. It uses a computer-assisted analysis of trade magazines from 1985 to 2015 to document the changes that have taken place in lawyers’ perceptions of their work and their role in society over the last thirty years. The results show that, although a professional logic can be found in Canadian lawyers’ discourse, Canadian lawyers are exposed to a variety of logics that provide them with new vocabularies and frames of reference. The decreasing importance of the “professional” discourse suggests that significant changes may be about to take place in the field, as actors develop new strategies to legitimize alternative practices and work configurations.
{"title":"From partners to team leaders: tracking changes in the Canadian legal profession","authors":"J. Paquin","doi":"10.1080/09695958.2020.1830098","DOIUrl":"https://doi.org/10.1080/09695958.2020.1830098","url":null,"abstract":"ABSTRACT This article presents an effort to transcend the law vs business dichotomy that usually tends to prevail in discussions on the future of the legal profession, by identifying the various logics to which lawyers are exposed. It uses a computer-assisted analysis of trade magazines from 1985 to 2015 to document the changes that have taken place in lawyers’ perceptions of their work and their role in society over the last thirty years. The results show that, although a professional logic can be found in Canadian lawyers’ discourse, Canadian lawyers are exposed to a variety of logics that provide them with new vocabularies and frames of reference. The decreasing importance of the “professional” discourse suggests that significant changes may be about to take place in the field, as actors develop new strategies to legitimize alternative practices and work configurations.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"351 - 365"},"PeriodicalIF":0.6,"publicationDate":"2020-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1830098","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44396389","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 : 2020-08-20DOI: 10.1080/09695958.2020.1803877
Roderick O'brien
ABSTRACT The “One Belt One Road” Initiative combines the Silk Road Economic Belt and the Twenty-First Century Maritime Silk Road. The hardware of this Initiative is most impressive, particularly in infrastructure construction. By examining the participation of China’s lawyers, we can come to understand the “software” which is vital to the success of this Initiative. We will examine eight points about China’s lawyers: 1. Young and Eastern; 2. “Going Global” Strategy; 3. Preparations; 4. Support Materials; 5. Recruitment of Foreign Lawyers; 6. Dispute Settlement and Arbitration; 7. The Chinese Communist Party; 8. Legal Culture and Ethics. This examination will be largely descriptive, as it is too early to analyse their successes and failures in the new environment. We are observing a work in progress.
{"title":"The One Belt One Road Initiative and China’s lawyers: a work in progress","authors":"Roderick O'brien","doi":"10.1080/09695958.2020.1803877","DOIUrl":"https://doi.org/10.1080/09695958.2020.1803877","url":null,"abstract":"ABSTRACT The “One Belt One Road” Initiative combines the Silk Road Economic Belt and the Twenty-First Century Maritime Silk Road. The hardware of this Initiative is most impressive, particularly in infrastructure construction. By examining the participation of China’s lawyers, we can come to understand the “software” which is vital to the success of this Initiative. We will examine eight points about China’s lawyers: 1. Young and Eastern; 2. “Going Global” Strategy; 3. Preparations; 4. Support Materials; 5. Recruitment of Foreign Lawyers; 6. Dispute Settlement and Arbitration; 7. The Chinese Communist Party; 8. Legal Culture and Ethics. This examination will be largely descriptive, as it is too early to analyse their successes and failures in the new environment. We are observing a work in progress.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"339 - 353"},"PeriodicalIF":0.6,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1803877","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45997937","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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