破坏性创新:法律实践的新模式

IF 0.7 4区 社会学 Q2 LAW Hastings Law Journal Pub Date : 2015-04-09 DOI:10.2139/SSRN.2601133
Joan C. Williams, Aaron Platt, Jessica Lee
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引用次数: 17

摘要

几十年来,律师们一直抱怨他们讨厌在律师事务所工作,客户们也对高昂的律师费越来越感到沮丧。但直到最近,这两派都还在抱怨。这是对近年来出现的各种各样的新商业组织进行全面审查的第一次尝试,这些组织旨在弥补市场未能提供对律师或客户的投诉作出回应的商业组织。这里描述的“法律实践新模式”通常为律师和客户提供新的价值主张。对于律师来说,新模式提供了更好的工作与生活的平衡,并对他们工作生活的其他方面有了更多的控制——作为交换,律师通常(尽管并非总是)承担更多的风险,放弃有保障的薪水,转而只按工作时间支付报酬。对于客户来说,新模式通常通过消除昂贵的房地产和培训新律师的高成本,以及(再次)取消有保障的工资,大幅减少管理费用,从而降低法律费用。
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Disruptive Innovation: New Models of Legal Practice
For decades, lawyers have been complaining that they hate working at law firms, and clients have expressed increasing frustration with high legal fees. But complaining is as far as either group went, until recently.This is the first attempt at a comprehensive review of a wide variety of new business organizations that have arisen in recent years to remedy the market’s failure to deliver business organizations responsive to the complaints of either lawyers or of clients.The “New Models of Legal Practice” described here typically offer a new value proposition for lawyers and clients. For lawyers, New Models offer better work-life balance and more control over other aspects of their work lives — in exchange for which lawyers typically (though not invariably) shoulder more risk, giving up a guaranteed salary, to be paid instead only for the hours they work. For clients, New Models typically drive down legal fees by sharply diminishing overhead through elimination of expensive real estate and the high cost of training new lawyers, and (again) dispensing with guaranteed salaries.
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期刊介绍: Hastings College of the Law was founded in 1878 as the first law department of the University of California, and today is one of the top-rated law schools in the United States. Its alumni span the globe and are among the most respected lawyers, judges and business leaders today. Hastings was founded in 1878 as the first law department of the University of California and is one of the most exciting and vibrant legal education centers in the nation. Our faculty are nationally renowned as both teachers and scholars.
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