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Inside the ‘Red Circle’: the production of China’s corporate legal elite “红圈”内部:中国企业法律精英的产生
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2020-03-01 DOI: 10.1093/jpo/joaa006
Jing Zhu, Yang Zhao, Sida Liu
This article examines the production of corporate legal elite through a systematic analysis of the profiles of the first three cohorts of partners in nine elite corporate law firms in Beijing. We argue that the social production of the Chinese corporate legal elite is primarily an outcome of domestic social factors rather than international factors. It is characterized by local elite recruitment from elite universities and endogenous elite circulation within the Red Circle firms. International credentials and work experience come only secondary to education and work experience in elite Chinese law schools and law firms for achieving elite status in the profession. Yet, international experience plays a role in promoting gender equality in elite professional service firms. This article contributes to the study of globalization and elite production in professional service firms by investigating how local and global forces manifest themselves in elite production in a major emerging market.
本文通过系统分析北京九家优秀公司律师事务所前三批合伙人的概况,考察了公司法律精英的产生。我们认为,中国企业法律精英的社会生产主要是国内社会因素而非国际因素的结果。其特点是从精英大学招募当地精英,并在红圈公司内部进行内生精英流通。国际学历和工作经验仅次于中国精英法学院和律师事务所的教育和工作经验,才能在该行业获得精英地位。然而,国际经验在促进精英专业服务公司的性别平等方面发挥了作用。本文通过调查当地和全球力量如何在一个主要新兴市场的精英生产中表现出来,为研究全球化和专业服务公司的精英生产做出了贡献。
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引用次数: 4
Correction to: AI-enabled business models in legal services: from traditional law firms to next-generation law companies? 更正:法律服务中的人工智能商业模式:从传统律师事务所到下一代律师事务所?
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2020-02-12 DOI: 10.2139/SSRN.3418810
J. Armour, M. Sako
What will happen to law firms and the legal profession when the use of artificial intelligence (AI) becomes prevalent in legal services? We address this question by considering three related levels of analysis: tasks, business models, and organizations. First, we review AI’s technical capabilities in relation to tasks, to identify contexts where it is likely to replace or augment humans. AI is capable of doing some, but not all, legal tasks better than lawyers and is augmented by multidisciplinary human inputs. Second, we identify new business models for creating value in legal services by applying AI. These differ from law firms’ traditional legal advisory business model, because they require technological (non-human) assets and multidisciplinary human inputs. Third, we analyze the organizational structure that complements the old and new business models: the professional partnership (P2) is well-adapted to delivering the legal advisory business model, but the centralized management, access to outside capital, and employee incentives offered by the corporate form appear better to complement the new AI-enabled business models. Some law firms are experimenting with pursuing new and old business models in parallel. However, differences in complements create conflicts when business models are combined. These conflicts are partially externalized via contracting and segregated and realigned via vertical integration. Our analysis suggests that law firm experimentation with aligning different business models to distinct organizational entities, along with ethical concerns, will affect the extent to which the legal profession will become ‘hybrid professionals’.
当人工智能在法律服务中普及时,律师事务所和法律界会发生什么?我们通过考虑三个相关层次的分析来解决这个问题:任务、业务模型和组织。首先,我们回顾了人工智能与任务相关的技术能力,以确定它可能取代或增强人类的环境。人工智能能够比律师更好地完成一些但不是全部的法律任务,并通过多学科的人工输入得到增强。其次,我们确定了通过应用人工智能在法律服务中创造价值的新商业模式。这些模式与律师事务所传统的法律咨询商业模式不同,因为它们需要技术(非人类)资产和多学科的人力投入。第三,我们分析了补充新旧商业模式的组织结构:专业合作伙伴关系(P2)非常适合提供法律咨询商业模式,但企业形式提供的集中管理、外部资本获取和员工激励似乎更好地补充了新的人工智能商业模式。一些律师事务所正在尝试同时追求新的和旧的商业模式。然而,当业务模型组合在一起时,互补性的差异会产生冲突。这些冲突通过收缩部分外化,并通过纵向一体化进行分离和重新调整。我们的分析表明,律师事务所将不同的商业模式与不同的组织实体相结合的实验,以及道德问题,将影响法律职业成为“混合专业人士”的程度。
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引用次数: 43
Between contestation and collaboration: The internal dynamics of multidisciplinary accounting firm responses to institutional pressures 竞争与合作之间:多学科会计师事务所应对制度压力的内部动态
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2020-01-01 DOI: 10.1093/jpo/joaa021
Y. Taminiau, Stefan Heusinkveld
The colonization of adjacent professional fields has been considered as crucial to understanding the success and influence of large accounting firms, such as the Big 4. Yet, given the complexities of managing different professional groups, remarkably little is known about the internal dynamics behind large multidisciplinary accounting firms’ external responses to institutional pressures. In this article, we show how exogenous coercive pressure, such as regulation (in this case Dutch accountancy regulations), not only affect the day-to-day work of accountants, but also that of non-accountants such as tax advisors. From the perception of the tax advisors who confront regulations which are not “theirs”, we show how their internal responses evolve and tread a fine line between contestation and collaboration with their colleague accountants/auditors. Using a boundary work perspective, we examine this shift in responses and explain how tensions between professional groups may be reduced. Overall, our study not only furthers our insights into the internal dynamics behind PSFs’ (Professional Service Firms’) external responses, but also sheds light on why professional groups stay on board despite unfavorable internal conditions.
相邻专业领域的殖民化被认为是理解四大会计师事务所等大型会计师事务所成功和影响力的关键。然而,鉴于管理不同专业群体的复杂性,人们对大型多学科会计师事务所对机构压力的外部反应背后的内部动态知之甚少。在本文中,我们将展示外生强制压力,例如法规(在本例中为荷兰会计法规)如何不仅影响会计师的日常工作,还影响税务顾问等非会计师的日常工作。从面对不属于他们的法规的税务顾问的看法来看,我们展示了他们的内部反应是如何演变的,并在与同事会计师/审计师的争论和合作之间走得很好。使用边界工作的角度来看,我们检查这种反应的转变,并解释如何专业团体之间的紧张关系可能会减少。总的来说,我们的研究不仅进一步加深了我们对psf(专业服务公司)外部反应背后的内部动态的见解,而且还揭示了为什么专业团队在不利的内部条件下仍然留在公司。
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引用次数: 2
Professionalization through symbolic and social capital: Evidence from the careers of elite consultants 通过象征和社会资本实现专业化:来自精英顾问职业生涯的证据
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2019-10-24 DOI: 10.1093/jpo/joz014
M. Kipping, F. Bühlmann, Thomas David
This article contributes to the debate about how more recent professions, especially those related to management, might achieve a semblance of ‘professionalism’ in the absence of the conditions that facilitated the creation of the traditional professions such as medicine, law or accounting in the 19th century. Much of the recent literature has either argued that these professions had to rely on some form of ‘image professionalism’ or that the professionalization process was ‘captured’ by the dominant firms within the professional field, with the aim of creating corporate, firm-internal rather than open labor markets for these professionals. Building on Bourdieu’s notions of symbolic and social capital, we suggest an alternative pathway to professionalization in stratified professional fields. We namely argue that a career at one of the ‘elite’ professional service firms (PSFs) can provide privileged access to positions at other firms within the same field. Hence, such a career constitutes a form of closure regime and allows, at least to some degree, the external labor mobility so typical of traditional professions. We explore this alternative pathway to professionalization by analyzing a novel and unique historical data set of former McKinsey consultants, identifying a number of boundary conditions that seem to facilitate such intraprofessional careers and others, which, over time, might weaken it. We conclude by pointing to a number of broader contributions from our research.
这篇文章促进了一场辩论,即在缺乏促进19世纪医学、法律或会计等传统职业创造的条件的情况下,更近期的职业,特别是那些与管理相关的职业,如何才能实现表面上的“专业主义”。最近的许多文献要么认为这些职业必须依赖某种形式的“形象专业主义”,要么认为专业化过程被专业领域内的主导公司“捕获”,其目的是为这些专业人士创造企业内部的劳动力市场,而不是开放的劳动力市场。在布迪厄的符号资本和社会资本概念的基础上,我们提出了在分层专业领域实现专业化的另一种途径。我们认为,在“精英”专业服务公司(psf)的职业生涯可以提供在同一领域的其他公司担任职位的特权。因此,这种职业构成了一种封闭制度,至少在某种程度上允许传统职业所特有的外部劳动力流动。我们通过分析前麦肯锡顾问的一组新颖而独特的历史数据集,探索了这种专业化的替代途径,确定了一些边界条件,这些边界条件似乎促进了这种专业内部的职业生涯,而随着时间的推移,这些边界条件可能会削弱专业化。最后,我们指出了我们研究的一些更广泛的贡献。
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引用次数: 19
Collegiality as political work: Professions in today’s world of organizations 大学作为政治工作:当今组织世界的职业
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2019-10-24 DOI: 10.1093/jpo/joz016
J. Denis, G. Veronesi, C. Régis, Sabrina Germain
Collegiality is frequently portrayed as an inherent characteristic of professions, associated with normative expectations autonomously determined and regulated among peers. However, in advanced modernity other modes of governance responding to societal expectations and increasing state reliance on professional expertise often appear in tension with conditions of collegiality. This article argues that collegiality is not an immutable and inherent characteristic of the governance of professional work and organizations; rather, it is the result of the ability of a profession to operationalize the normative, relational, and structural requirements of collegiality at work. This article builds on different streams of scholarship to present a dynamic approach to collegiality based on political work by professionals to protect, maintain, and reformulate collegiality as a core set of principles governing work. Productive resistance and co-production are explored for their contribution to collegiality in this context, enabling accommodation between professions and organizations to achieve collective objectives and serving as a vector of change and adaptation of professional work in contemporary organizations. Engagement in co-production influences the ability to materialize collegiality at work, just as the maintenance and transformation of collegiality will operate in a context where professions participate and negotiate compromises with others legitimate modes of governance. Our arguments build on recent studies and hypotheses concerning the interface of professions and organizations to reveal the political work that underlies the affirmation and re-affirmation of collegiality as a mode of governance of work based on resistance and co-production.
同僚关系经常被描述为职业的固有特征,与同行之间自主决定和调节的规范性期望有关。然而,在先进的现代性中,其他响应社会期望的治理模式和国家对专业知识的日益依赖往往与合作的条件出现紧张关系。本文认为,合作并不是专业工作和组织治理的固有特征;更确切地说,它是一个职业在工作中实现规范、关系和结构要求的能力的结果。本文以不同的学术流为基础,以专业人士的政治工作为基础,提出了一种动态的合作方式,以保护、维持和重新制定合作作为一套核心原则来指导工作。在这种情况下,生产性抵抗和联合生产探讨了它们对合议的贡献,使专业和组织之间能够实现集体目标,并作为当代组织中专业工作的变革和适应的载体。参与合作生产影响在工作中实现合作的能力,正如合作的维持和转变将在专业人员参与并与其他合法治理模式协商妥协的背景下运作一样。我们的论点建立在最近关于专业和组织界面的研究和假设的基础上,揭示了政治工作作为一种基于抵抗和共同生产的工作治理模式的肯定和再肯定的基础。
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引用次数: 2
Counter-rhetoric and sources of enduring conflict in contested organizational fields: A case study of mental health professionals 在有争议的组织领域中,反修辞和持久冲突的来源:心理健康专业人员的案例研究
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2019-10-01 DOI: 10.1093/jpo/joz013
R. Fincham, T. Forbes
As a means by which actors justify beliefs and practices, rhetoric has a key institutional role. In contested settings, where multiple groups and the logics associated with them interact, research has highlighted rhetorical strategies that exploit rival systems. The account we develop expands on these ideas and suggests they embrace forms of counter-rhetoric, or arguments that delegitimize a rival’s logic and refine and reframe others’ values. We use these categories to explore the case of a local mental health service, an area of health policy known for problematic diagnosis and treatment. Here groups of medical and social-care providers were required to work together in a system of intensive inter-professional relations and clashing logics. Our analysis focuses on this interaction, exploring the language-based nature of logics and sources of conflict between logics that are asserted in counter-rhetorical forms.
作为行动者为信仰和实践辩护的一种手段,修辞具有关键的制度作用。在有争议的环境中,多个群体及其相关逻辑相互作用,研究强调了利用竞争系统的修辞策略。我们开发的描述扩展了这些想法,并表明它们包含了各种形式的反修辞,或使竞争对手的逻辑失去合法性、完善和重塑他人价值观的论点。我们使用这些类别来探索当地心理健康服务的案例,这是一个以有问题的诊断和治疗而闻名的卫生政策领域。在这里,医疗和社会护理提供者群体被要求在一个密集的专业间关系和逻辑冲突的系统中合作。我们的分析集中在这种互动上,探讨了逻辑学基于语言的本质以及以反修辞形式断言的逻辑学之间冲突的根源。
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引用次数: 3
Towards a ‘client professionalization’ process? The case of the institutionalization of executive coaching in France 走向“客户专业化”进程?法国行政教练制度化案例
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2019-10-01 DOI: 10.1093/jpo/joz012
Scarlett Salman
Drawing on the ‘corporate professionalization’ model (Kipping, Kirkpatrick, and Muzio 2006; Muzio et al. 2011) of new strategies adopted by managerial occupations, this article explores professionalization processes taking into account the role of the client. Based on an analysis of the professionalization of executive coaching, it demonstrates the influence of the client organizations in such processes, at a collective and institutional level. This influence tends to favor new professionalization strategies of differentiation, regulation, and dissemination. The article suggests that this influence does not necessarily limit the power of corporate professionals, at least in the institutionalization phase, especially if we redefine power as consisting ‘not in restriction and exclusion, but in extension and linking’ (Eyal 2013: 876). Framed primarily to analyze corporate occupations practiced by independent professionals, the ‘client professionalization’ model suggests better taking into account the influence of client organizations in further research on professionalization processes, in line with the research conducted on ‘client capture’ (Leicht and Fennell 2001; Dinovitzer, Gunz, and Gunz, 2014). By studying an emergent corporate profession that is practiced by self-employed, solo practitioners and freelancers, which have been largely overlooked in the literature, this article contributes overall to a more diverse understanding of corporate professions and the ways in which they professionalize.
本文借鉴管理职业采用的新战略的“企业专业化”模式(Kipping,Kirkpatrick,and Muzio,2006;Muzio等人,2011),探讨了考虑客户角色的专业化过程。基于对高管辅导专业化的分析,它展示了客户组织在集体和机构层面上对这一过程的影响。这种影响倾向于有利于新的职业化策略,即差异化、规范化和传播化。这篇文章表明,这种影响并不一定会限制企业专业人士的权力,至少在制度化阶段是这样,尤其是如果我们将权力重新定义为“不是限制和排斥,而是延伸和联系”(Eyal 2013:876)。“客户专业化”模型主要用于分析独立专业人士从事的企业职业,它建议在进一步研究专业化过程时更好地考虑客户组织的影响,这与对“客户捕获”的研究一致(Leicht和Fennell,2001;Dinovitzer、Gunz和Gunz,2014)。通过研究一种新兴的企业职业,即个体经营者、个体从业者和自由职业者所从事的职业,这在文献中基本上被忽视了,本文总体上有助于对企业职业及其专业化方式有更多样的理解。
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引用次数: 8
Fragmented fields: Professionalisms and work settings in Italian management consultancy 零散领域:意大利管理咨询公司的专业和工作环境
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2019-10-01 DOI: 10.1093/jpo/joz011
Lara Maestripieri
Management consultancy has long been a contested terrain in the sociology of the professions. Although the professionalism of management consultants has always been emphasized by practitioners themselves, the lack of a strong community of peers has been an impediment to their professionalization. In this article, I argue that professionalism is not the outcome of a process of regulation and institutionalization but that it has to be conceived a discourse comprising norms, worldviews, and values that define what is appropriate for an individual to be considered a competent and recognized member of this community. Given the diversity characterizing the field, there are multiple discourses surrounding professionalism of management consultants, and these discourses are shaped by work settings. Work settings are a combination of the type of organization professional partnership or professional service firm and the employment status (employee or self-employed). Drawing on the empirical evidence from various work settings (professional service firms, professional partnership, and self-employment), I investigate four clusters of practitioners identified in 55 biographical and semi-structured interviews conducted with management consultants in Italy. Four types of professionalism emerge from the clusters. Organizing professionalism is the sole professionalism that appears in all work settings. Other discourses (corporate, commercialized, and hybrid professionalism) are context-dependent and more likely to be found in specific work settings.
长期以来,管理咨询一直是职业社会学中一个有争议的领域。尽管管理顾问的专业性一直是从业者自己所强调的,但缺乏强大的同行群体一直是他们专业化的障碍。在这篇文章中,我认为专业精神不是监管和制度化过程的结果,而是必须将其视为一种包含规范、世界观和价值观的话语,这些规范、世界观点和价值观定义了什么适合个人被视为这个社区的称职和公认的成员。鉴于该领域的多样性,围绕管理顾问的专业性存在多种话语,这些话语是由工作环境塑造的。工作环境是组织类型、专业合作关系或专业服务公司以及就业状况(雇员或自营职业者)的组合。根据各种工作环境(专业服务公司、专业合伙企业和自营职业)的经验证据,我调查了在意大利对管理顾问进行的55次传记和半结构化访谈中确定的四组从业者。集群中出现了四种类型的专业精神。组织专业性是所有工作环境中出现的唯一专业性。其他话语(企业化、商业化和混合专业化)依赖于上下文,更有可能在特定的工作环境中找到。
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引用次数: 4
Gatekeeping and our moral fabric: Has social capital deterioration vanquished professional oversight? 守门人和我们的道德结构:社会资本的恶化是否已经取代了专业监督?
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2019-10-01 DOI: 10.1093/jpo/joz010
L. Bierman, R. Brymer, Scott B. Dust, Hyunseo Hwang
Social capital deterioration in the USA, and indeed throughout the world, has had considerable impact on professional service firms (PSFs). Governmental entities at various levels have enacted new laws and regulations (e.g. the Sarbanes Oxley and Dodd-Frank Acts in the USA) to help ameliorate this situation, but to relatively little avail. Traditional gatekeeping functions of PSFs seem to be deteriorating. Is there hope for the future? This article addresses that issue in the context of work by drawing on the insight and research of Robert Putnam and John Coffee and encouraging advancement of multiple agency theory and governance for today’s world.
美国乃至全世界的社会资本恶化对专业服务公司(psf)产生了相当大的影响。各级政府机构制定了新的法律法规(如美国的《萨班斯-奥克斯利法案》和《多德-弗兰克法案》)来帮助改善这种状况,但收效甚微。psf的传统把关功能似乎正在恶化。未来还有希望吗?本文通过借鉴罗伯特·普特南(Robert Putnam)和约翰·科菲(John Coffee)的见解和研究,在工作背景下解决了这个问题,并鼓励在当今世界推进多代理理论和治理。
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引用次数: 2
Opening the black box of PSF network internationalization: An exploration of law firm networks 打开PSF网络国际化的黑箱:律师事务所网络探索
IF 2.2 Q1 Business, Management and Accounting Pub Date : 2019-10-01 DOI: 10.1093/jpo/joz015
Rany Salvoldi, David M. Brock
This article advances our understanding of network internationalization by professional service firms. We address gaps in the literature concerning the various kinds of networks; their role in international strategies, including learning, and knowledge transfer; and their structural and governance mechanisms. Concentrating on the network dependency of 177 European law firms, we analyse and summarize their structural and governance tendencies. Then we develop a typology of seven international peer networks. The seven types identified are: ‘Loose’, a network of disconnected actors, where exchange is mostly limited to referrals; ‘Constricted’, referral-based networks aimed at optimizing exchange flows and cooperation; ‘Focused’, networks aimed at a specific sector or specialty; ‘Friends’, informal, non-exclusive networks; ‘Exclusives’, formal alliances or cooperative relations; ‘Monogamous’, well-established, broad, longstanding, and close relationships; and ‘Isolated’, project-related alliances of limited duration. We conclude with a discussion that considers this typology in light of possible intangible outcomes of membership and proposes how this might be extended in future research.
本文提出了专业服务企业对网络国际化的理解。我们解决了有关各种网络的文献中的空白;他们在国际战略中的作用,包括学习和知识转让;以及它们的结构和治理机制。本文以177家欧洲律师事务所的网络依赖性为研究对象,分析和总结了它们的结构和治理趋势。然后,我们对七个国际对等网络进行了分类。确定的七种类型是:“松散”,一个由断开连接的参与者组成的网络,其中的交流大多仅限于推荐旨在优化交流流和合作的“基于推荐的缩窄网络”“专注”,针对特定行业或专业的网络“朋友”、非正式、非排他性网络排他性、正式联盟或合作关系“一夫一妻制”,牢固、广泛、长期和密切的关系;以及“孤立”,与项目相关的有限期限联盟。最后,我们进行了一次讨论,根据成员身份可能产生的无形结果来考虑这种类型,并提出了如何在未来的研究中推广这种类型。
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引用次数: 6
期刊
Journal of Professions and Organization
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