编辑

A. Sherr
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引用次数: 0

摘要

欢迎来到2019年的最后一期。Semple关于“个人困境”客户在安大略省寻找和评估合适律师方面的困难的研究表明,在侵权案件中,高昂的搜索成本、难以比较价格和质量以及基于权变的价格是如何抑制竞争的。本文讨论了监管机构试图增加竞争的替代方案,并提到了英国培育需求方竞争的尝试。另一方面,李质疑在一个快速变化的环境中对律师进行监管的必要性,在这个环境中,网络信息越来越多,不受监管,商业和管理形式正在转变,以满足企业客户的需求,尤其是企业客户,他们更多地掌握了律师的主动权,李称之为“买方市场”。调查了中国最新的创新举措和其他商业模式,以及高度监管的行业,李问道,是否以及在哪里可以采用更自由的方法来提供适当的客户服务。Moore、Forster、Diesfeld和Rychert继续以更敏感的监管设计为主题,研究了新西兰律师纪律法庭如何面对弱势客户的需求。他们建议,纪律机构需要考虑到客户的性质,而降低风险的律师需要在工作中更加以客户为中心。博格达诺娃研究了俄罗斯法学院如何理解他们培养“理想律师”的目标。为了应对后苏联法律教育改革和应对高等法律教育的规定,法学院被迫在国家高等教育标准和外部法律、社会、经济和政治挑战之间取得平衡。这似乎对苏联“理想法学家”模式的复兴提出了挑战。基西洛夫斯基展示了波兰法律界的形式主义方法是如何在共产主义政权下帮助他们的,但却让他们在民粹主义的法律与正义党(Law and Justice Party)政府的重大变革中受到破坏。我们希望你喜欢这期,它以一篇书评《白鞋:新一代华尔街律师如何改变大企业和美国世纪》结尾。
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Editorial
Welcome to the final Issue of 2019. Semple’s work on the difficulties of “personal plight” clients in finding and assessing appropriate lawyers in Ontario shows how competition is suppressed by high search costs, difficulties in comparing price and quality and contingency-based prices in tortious cases. Alternatives to attempts in increasing competition by Regulators are discussed, and the UK attempt to foster demand-side competition is mentioned. Li, on the other hand, questions the need for regulation of lawyers in a fast-changing environment in which online information is increasingly available and not subject to regulation, and business and managerial forms are transforming to satisfy the needs especially of corporate clients, who are much more in the driving seat with their lawyers, in what Li describes as a “buyers market”. Surveying the latest innovation initiatives and alternative business models in China, with its highly regulated profession, Li asks whether and where more liberal approaches might be applied to appropriate client services. Continuing the theme of more sensitively designed regulation Moore, Forster, Diesfeld and Rychert research into how New Zealand lawyer disciplinary tribunals face up to the needs of vulnerable clients. They suggest that disciplinary bodies need to take the nature of the clients into account and that risk-reducing lawyers need to be more client-centred in their work. Bogdanova researched how Russian Law Schools understand their objectives in producing the “ideal lawyer”. Reacting to the post-Soviet legal education reforms and dealing with regulations governing higher legal education, law schools are forced to balance the state standards of higher education and external legal, social, economic, and political challenges. This seems to challenge the revival of the Soviet model of the “ideal jurist”. Kisilowski shows how the formalist approaches of the Polish legal profession assisted them under the Communist regime, but left them open to being undermined by major changes under the government of the populist Law and Justice Party. We hope you enjoy this issue which concludes with a Book Review of “White Shoe: How a New Breed of Wall Street Lawyers Changed Big Business and the American Century”.
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