Lawyers

Distribution by Scientific Domains
Distribution within Law and Criminology

Kinds of Lawyers

  • corporate lawyer


  • Selected Abstracts


    A LAWYER FOR EVERY CHILD: CLIENT-DIRECTED REPRESENTATION IN DEPENDENCY CASES

    FAMILY COURT REVIEW, Issue 4 2009
    LaShanda Taylor
    The article begins with a due process analysis concluding that children are legally entitled to counsel and continues by presenting examples of federal and state legislation, court decisions, and public policy arguments that support this right. The article then goes a step further to advocate for a traditional, client-directed model of representation, which empowers children and leads to better judicial decision making. Finally, the article discusses the impact of high caseloads and lack of training on attorney performance. This article serves as an important addition to the academic literature examining the need for and role of the child's attorney in dependency proceedings. [source]


    The Juvenile Drug Court Judge and Lawyer: Four Common Mistakes in Treating Drug Court Adolescents

    JUVENILE AND FAMILY COURT JOURNAL, Issue 4 2000
    C.A.C., MICHAEL D. CLARK M.S.W.
    ABSTRACT This article will present information gleaned from anecdotal experience of existing juvenile drug treatment courts regarding several common mistakes often made by those new to the drug court. The mistakes discussed include: 1) Believing the work and role responsibilities in a traditional juvenile court will not change significantly when entering a juvenile drug court; 2) Citing the elimination of drug and alcohol use as a final outcome goal when developing the mission statement for a juvenile drug court; 3) Believing that a juvenile drug court ensures accountability by keeping a close eye on participants and setting immediate consequences for any break in program rules; 4) Using vicarious learning to "teach a lesson",making an example of an individual participant who has broken program rules in front of the large group. The goal of this article is not only to raise caution to these pitfalls, but also to help incoming judges and lawyers become aware of the changes that working in a juvenile drug court will demand. [source]


    The Language of Law School: Learning to "Think Like a Lawyer."

    AMERICAN ETHNOLOGIST, Issue 3 2010
    by Elizabeth Mertz
    No abstract is available for this article. [source]


    Socrates, Epistemology, and Pediatric Cardiology, Or Should Doctors Think Like Lawyers?

    CONGENITAL HEART DISEASE, Issue 4 2007
    David Driscoll MD
    First page of article [source]


    The Problematic Role of Lawyers in the Creativity and Innovation Process

    CREATIVITY AND INNOVATION MANAGEMENT, Issue 4 2000
    James Tunney
    In the literature on creativity and innovation management, the role of law is often peripheral. There is an urgent need to inject law into creativity and innovation management discourse. However there is a deeper reflexive need. Legal systems are in urgent need of reform and repair. They urgently need input from people who genuinely understand about creativity and innovation management in relation to the operation of overall systems. This is a call for a greater dialogue between creativity management and the legal establishment. [source]


    FINDING THE BALANCE: ETHICAL CHALLENGES AND BEST PRACTICES FOR LAWYERS REPRESENTING PARENTS WHEN THE INTERESTS OF CHILDREN ARE AT STAKE

    FAMILY COURT REVIEW, Issue 1 2008
    William J. Howe
    This article explores ethical and practical issues facing attorneys in representing parents in a contested custody matter. The article traces the history of the way this matter has been handled historically and presents the latest thinking reflected by the American Academy of Matrimonial Lawyers in their most recent publication of ethical guidelines for attorneys. The article also presents perspectives from several jurisdictions including Australia and Oregon. [source]


    THE AMERICAN BAR ASSOCIATION ADDRESSES THE NATIONAL PROBLEM OF YOUTH AT RISK

    FAMILY COURT REVIEW, Issue 3 2007
    Karen J. Mathis
    During the 2006,2007 American Bar Association (ABA) year, a special ABA Presidential Youth at Risk Initiative has addressed several important topics: addressing the needs of juvenile status offenders and their families; foster children aging out of the foster care system; increases in girls, especially girls of color, in the juvenile justice system; the need to better hear the voices of youth in court proceedings affecting them; and improving how laws can better address youth crossing over between juvenile justice and child welfare systems. Lawyers are encouraged to use their skills to improve the systems addressing at-risk youth and their families and to help facilitate coordination of youth-related community efforts. Learning how to effectively communicate with youth is an important skill attorneys must learn. Through the Youth at Risk Initiative, the ABA has held continuing legal education programs, hosted community roundtables among youth-serving stakeholders, and developed projects on: juvenile status offenders; lawyer assistance to youth transitioning from foster care; educating young girls on violence prevention, conflict resolution, and careers in law and justice; and provision of useful information to youth awaiting juvenile court hearings. New ABA policy has addressed services and programs to at-risk youth, assuring licensing, regulation, and monitoring of residential facilities serving at-risk youth, enhanced support for sexual minority foster and homeless youth, juvenile status offenders, and improving laws and policies related to youth exiting the foster care system. [source]


    The Force of a Weak Field: Law and Lawyers in the Government of the European Union (For a Renewed Research Agenda)

    INTERNATIONAL POLITICAL SOCIOLOGY, Issue 2 2008
    Antoine Vauchez
    Rather than considering legal and judicial arenas as the mere surface of the weighty social processes that shape European integration, this article contends that they are actually one of the essential spaces where the government of Europe is being produced. To account for this paramount role played by law in EU polity, two hitherto unexplored research paths are followed. First of all, a socio-historical perspective focuses on the critical junctures at which Law has been formalized as a science of European government providing critical devices for integration. Second, a more sociological stance is taken in relation to the functioning of the "European legal field" (ELF). A preliminary inquiry leads to its characterization as weak, with porous internal and external borders. This article argues that this weak autonomy is what makes it strong and influential when it comes to shaping the representations and principles of EU government. [source]


    Lawyers at Mid-Career: A 20-Year Longitudinal Study of Job and Life Satisfaction

    JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2009
    John Monahan
    This study is the first to our knowledge to simultaneously measure the predictors of lawyers' satisfaction with their careers and the predictors of lawyers' satisfaction with their lives more broadly. One class of the University of Virginia School of Law was studied between their matriculation in 1987 and their graduation in 1990. All 360 living graduates of this class were contacted in 2007, with a response rate of 72.2 percent. Descriptive information was obtained and empirically validated measures of both career satisfaction and life satisfaction were administered. Respondents were found to have taken many diverse career paths, with most (85 percent) having changed jobs at least once, and half having changed jobs at least twice. Gender differences in the personal and professional lives of respondents were pervasive. Women graduates were far more likely than men to interrupt or forego full-time employment (39 percent vs. 1 percent), mainly in order to care for children, and were also more likely to have a spouse or partner employed full time outside the home (77 percent vs. 24 percent). Working conditions at large private law firms emerged as a significant problem for many respondents; half of those who started their careers in large firms left to go to a different type of employer. Finally, both career satisfaction and life satisfaction were found to be high, with 81 percent of the respondents satisfied with their decision to become a lawyer, and 86 percent satisfied with their lives more broadly. [source]


    A Decade of Europe?

    JOURNAL OF LAW AND SOCIETY, Issue 2 2003
    Some Reflections on an Aspiration
    This article suggests that Europe faces four primary challenges today. The first relates to democracy, as all the anxieties about the ,democratic deficit' in Community are writ even larger in the Union. A second issue is that of liberal legalism. Lawyers have long presumed that the ,new' Europe has been integrated ,through' law. This article suggests that the role of law is of far less importance to the future of the Union. A third problem, perhaps the most pressing, relates to enlargement. Is the ,new' Europe fully prepared for the inevitable shock that will follow the much-vaunted ,big bang'? Finally, there is the overarching problem of a continuing lack of ethos, or public philosophy, underpinning public life in the ,new' Europe. [source]


    Family Values: How Children's Lawyers Can Help Their Clients by Advocating for Parents

    JUVENILE AND FAMILY COURT JOURNAL, Issue 1 2007
    CHRIS GOTTLIEB
    ABSTRACT Children's lawyers too often view themselves as standing in opposition to parents in dependency proceedings. In this article, the authors argue that child advocates do a disservice to their clients by not using their considerable skills, role advantages, and moral authority to actively help parents. Noting that areas of common ground far exceed those places where the children's bar and the parents' bar might part company, the authors contend that children's lawyers have an obligation to actively fight for parents' rights. In particular, spending time early in a case to ensure that appropriate reunification services are being offered is well worth the investment, as it redounds to the benefit of all parties. Several concrete practice tips are offered regarding how children's lawyers can better serve their clients by regularly advocating for parents. [source]


    Legislating for Economic Sclerosis: Are Lawyers a Baleful Influence on Growth Rates?

    KYKLOS INTERNATIONAL REVIEW OF SOCIAL SCIENCES, Issue 1 2004
    Sam Cameron
    Summary William Easterly, an ex-World Bank economist and widely respected growth theorist, in recently noting that skilled individuals may elect to pursue occupations that redistribute income rather than enhance growth, referred to ,the somewhat whimsical piece of evidence , that economies with lots of lawyers grow more slowly than economies with lots of engineers'. The remark alluded to an assertion by the Bush-Quayle camp during the 1992 Presidential campaign that too many lawyers were prejudicial to US economic growth, and sparked a heated debate that was played out in the Wall Street Journal and a number of academic journals at the time. A decade later, Easterly's rejoinder has prompted us to examine the view that occupational capture (the capture of talent by particular occupations) can contribute to economic stagnation, by revisiting the notion of lawyers as negative externalities to the growth process. [source]


    Lawyers of the Right: Networks and Organization

    LAW & SOCIAL INQUIRY, Issue 4 2007
    Anthony Paik
    Lawyers for conservative and libertarian causes are active in organizing and mobilizing interest groups within the conservative coalition, and networks of relationships among those lawyers help to maintain and shape the coalition. Using data gathered in interviews with seventy-two such lawyers, this article analyzes characteristics of the lawyers and the structure of their networks. The findings suggest that the networks are divided into segments or blocks that are identified with particular constituencies, but that a distinct set of actors with extensive relationships serves to bridge the constituencies. Measures of centrality and brokerage confirm the structural importance of these actors in the network, and a search of references in news media confirms their prominence or prestige. This "core" set of actors occupies the "structural hole" in the network that separates the business constituency from religious conservatives. Libertarians, located near the core of the network, also occupy an intermediate position. Regression analysis of ties within the network suggests that the Federalist Society plays an important role in bringing the lawyers together. [source]


    Bushwhacking the Ethical High Road: Conflict of Interest in the Practice of Law and Real Life

    LAW & SOCIAL INQUIRY, Issue 1 2003
    Susan P. Shapiro
    A long-standing scholarly tradition regards professions, in general, and ethics rules, in particular, as "projects" of market control. It is no surprise, critics charge, that in the latest assault on the monopoly of the American legal profession,waged by multidisciplinary professional service firms,lawyers are hiding behind their ethics rules to protect their turf. In this article, I report on an extensive empirical study of conflict of interest in private legal practice and look comparatively at other fiduciaries, among them, accountants, psychotherapists, physicians, journalists, and academics. I investigate the role of ethics rules that seek to insure fiduciary loyalty in structuring the delivery of services. How does social and institutional change, roiling the fiduciary world, threaten disinterestedness and loyalty and how, if at all, do fiduciaries respond? How is the regulation of conflict of interest accomplished? Where are the conflicts rules most likely to be honored or ignored? What incentive structures encourage compliance? What are the costs and unexpected consequences of compliance? What is foregone? And is it all worth it? In what might come as a surprise to many, I find that the legal profession takes conflict of interest more seriously than many of the rest of us. As the title implies, legal practitioners largely travel alone, bushwhacking through the underbrush snarling the ethical high road. As critical scholarship predicted, lawyers do enjoy a monopoly at the end of the road. But this monopoly is achieved, not by restraint of trade or some other artifice or stratagem of market control, but by lack of competition. It seems that no one else is trudging alongside the lawyers. Lawyers are not necessarily more ethical than the others; they just behave more ethically,at least with respect to conflict of interest. The question is why. And what difference does it make? [source]


    Lawyers' Roles in Voluntary Associations: Declining Social Capital?

    LAW & SOCIAL INQUIRY, Issue 3 2001
    John P. Heinz
    The extent and nature of lawyers'participation in civic life probably has important effects on the character of the community's activity and its out-comes. Where and how lawyers participate in voluntary associations may influence the ability of those organizations to function within the larger structure of American institutions. This paper compares findings from two surveys of Chicago lawyers, the first conducted in 1975 and the second in 1994-95. Contrary to some expectations, the available evidence does not suggest that community activities of lawyers decreased. Moreover, lawyers'energies in 1995 appear to have been devoted more often to socially concerned organizations, those with a reformist agenda, than had been the case in 1975. The types of organizations with the greatest increase in activity were religious and civic associations. A smaller percentage of the respondents held leadership positions in 1995 than in 1975, but, because of a doubling in the number of lawyers, the best estimate is that the bar's absolute level of contribution to community leadership did not change greatly. In both 1975 and 1995, a hierarchy of social prestige appears to have influenced the pattern of lawyers'community activities. Lawyers who had higher incomes, were middle-aged, were Protestants, and who had attended elite law schools were more likely to be active or leaders in most kinds of organizations. In ethnic and fraternal organizations, however, the elites of the profession had relatively low rates of participation, while government lawyers, solo practitioners, and graduates of less prestigious law schools predominated. Status hierarchies within the broader community,as well as social differences in taste, preference, or "culture",clearly penetrate the bar. [source]


    Cause Lawyers and Social Movements.

    LAW & SOCIETY REVIEW, Issue 2 2007
    By Austin Sarat, Stuart A. Scheingold
    No abstract is available for this article. [source]


    Even Lawyers Get the Blues: Gender, Depression, and Job Satisfaction in Legal Practice

    LAW & SOCIETY REVIEW, Issue 1 2007
    John Hagan
    It is an intriguing puzzle that women lawyers, despite less desirable working conditions and blocked career advancement, report similar satisfaction as men lawyers with their legal careers. The paradoxical work satisfaction reported by women and men lawyers obscures a more notable difference in their depressed or despondent feelings. Using a panel study of women and men lawyers practicing in Toronto since the mid-1980s, we find at least three causal pathways through which gender indirectly is connected to job dissatisfaction and feelings of despondency. The first path is through gender differences in occupational power, which lead to differential despondency. The second path is through differences in perceived powerlessness, which directly influence job dissatisfaction. The third path is through feelings of despondency that result from concerns about the career consequences of having children. The combined picture that results illustrates the necessity to include measures of depressed affect in studies of dissatisfaction with legal practice. Explicit measurement and modeling of concerns about the consequences of having children and depressed feelings reveal a highly gendered response of women to legal practice that is otherwise much less apparent. Women are more likely to respond to their professional grievances with internalized feelings of despondency than with externalized expressions of job dissatisfaction. That is, they are more likely to privatize than publicize their professional troubles. [source]


    Client Influence and the Contingency of Professionalism: The Work of Elite Corporate Lawyers in China

    LAW & SOCIETY REVIEW, Issue 4 2006
    Sida Liu
    This study examines how the professional work of elite corporate lawyers is constructed by influence from different types of clients. The data presented include interviews with 24 lawyers from six elite corporate law firms in China and the author's participant-observation in one of the firms. For these elite Chinese corporate law firms, foreign corporations, state-owned enterprises, and private enterprises constitute their extremely diversified client types. Accordingly, lawyers' work becomes flexible and adaptive to accommodate the different demands of the clients. Meanwhile, client influence on lawyers' professional work is mediated by the division of labor within the corporate law firm: whereas partners have solid control over the process of diagnosis, inference, and treatment and thus enjoy a high degree of professional autonomy, associates are largely stripped of this cultural machinery in the workplace, and their work becomes vulnerable to client influence. As a result, client influence on professional work appears to decrease with a lawyer's seniority. [source]


    Urban Lawyers: The New Social Structure of the Bar.

    LAW & SOCIETY REVIEW, Issue 3 2006
    By John P. Heinz, Edward O. Laumann, Rebecca L. Sandefur, Robert L. Nelson
    No abstract is available for this article. [source]


    Lawyers for Conservative Causes: Clients, Ideology, and Social Distance

    LAW & SOCIETY REVIEW, Issue 1 2003
    John P. Heinz
    Scholars have devoted attention to "cause lawyers" on the political left, but lawyers who work on the conservative side of the American political spectrum have received relatively little academic consideration. This article presents systematic data on the characteristics of and relationships among lawyers affiliated with organizations active on a selected set of 17 conservative issues. We find that the lawyers serve several separate and distinct constituencies,business conservatives, Christian conservatives, libertarians, abortion opponents,and that the credentials of the lawyers serving these varying constituencies differ significantly. The greatest degree of social separation occurs between the business constituency and the abortion opponents, with another clear separation between libertarians and the interest groups devoted to traditional family values and order maintenance. The divisions among these constituencies appear to reflect the difference between "insider politics" and "populism," which is manifested in part in actual geographic separation between lawyers located in the District of Columbia and those in the South, West, and Midwest. In the center of the network, however, we find some potential "mediators",prominent lawyers who may facilitate communication and coordination among the several constituencies. These lawyers and the organizations they serve attempt to merge morality, market freedom, and individual liberty concerns, and they convene meetings of diverse sets of lawyers and organizational leaders to seek consensus on policy goals. Nonetheless, the findings indicate that most organizations are seldom active on issues that lie beyond the relatively narrow boundaries of their own interests. [source]


    EXPERTISE AND POLICY-MAKING: LEGAL PROFESSIONALS IN LOCAL GOVERNMENT

    PUBLIC ADMINISTRATION, Issue 3 2006
    ELLA BATTEN
    Professional influence in policy-making is generally believed to rest on professionals successfully laying claim to access to expertise , knowledge, understanding or experience , not available to others, above all politicians. On the basis of a 2005 survey of nearly 800 lawyers serving in local authorities in England and Wales, this article explores the relationship between specialization and political influence. Lawyers who shape policy use conventional routes for political influence, establish contacts with political officeholders, tend to identify less with the profession at large and are less likely to see themselves as specialists in any field of law. This means that the relationship between expertise and political power is complex and that the notion that professionals use their expertise to shape policy should be treated with some caution. [source]


    Abel: English Lawyers Between the Market and State: The Politics of Professionalism

    THE MODERN LAW REVIEW, Issue 1 2005
    Gerard Hanlon
    No abstract is available for this article. [source]


    THE DEATH OF BIOETHICS (AS WE ONCE KNEW IT)

    BIOETHICS, Issue 5 2010
    RUTH MACKLIN
    ABSTRACT Fast forward 50 years into the future. A look back at what occurred in the field of bioethics since 2010 reveals that a conference in 2050 commemorated the death of bioethics. In a steady progression over the years, the field became increasingly fragmented and bureaucratized. Disagreement and dissension were rife, and this once flourishing, multidisciplinary field began to splinter in multiple ways. Prominent journals folded, one by one, and were replaced with specialized publications dealing with genethics, reproethics, nanoethics, and necroethics. Mainstream bioethics organizations also collapsed, giving way to new associations along disciplinary and sub-disciplinary lines. Physicians established their own journals, and specialty groups broke away from more general associations of medical ethics. Lawyers also split into three separate factions, and philosophers rejected all but the most rigorous, analytic articles into their newly established journal. Matters finally came to a head with global warming, the world-wide spread of malaria and dengue, and the cost of medical treatments out of reach for almost everyone. The result was the need to develop plans for strict rationing of medical care. At the same time, recognition emerged of the importance of the right to health and the need for global justice in health. By 2060, a spark of hope was ignited, opening the door to the resuscitation of bioethics and involvement of the global community. [source]


    Lawyers, trees and money: British Columbia forest policy and the convergence of international and domestic trade considerations

    CANADIAN PUBLIC ADMINISTRATION/ADMINISTRATION PUBLIQUE DU CANADA, Issue 4 2005
    Christopher J. Kukucha
    At the domestic level, the BC government maintains significant control over softwood lumber as a result of provincial land ownership, executive dominance, and the role of the Ministry of Forests. This is reinforced by a close relationship between the bureaucracy and key industry associations. Under the New Democratic Party government of the 1990s, however, the policy relevance of environment, labour, and aboriginal groups increased. The election of the BC Liberals, however, diminished these interests, with the possible exception of First Nations groups. It is also important, however, to acknowledge the significance of international developments. Institutionally, these pressures contributed to bureaucratic restructuring and a changing "culture" within the Ministry of Forests. Industry relations have also been influenced by consolidation of ownership, bilateral lumber disputes with the United States, and the increasing role of non-elected legal representatives. In addition, environment and labour interests were empowered by external funding, high export demands, and a low Canadian dollar. Although these developments have created an increasingly complex policy process, it is apparent that domestic considerations remain dominant, especially traditional participants, such as the Ministry of Forests and other specific setoral interests. Sommaire: Les developements nationaux et internationaux ont des répercussions directes sur la politique forestière en Colombie-Britannique. À l'échelle nationale, le gouvernement de la C.-B. maintient un important contrôle sur le bois d'evre en rai-son de la propriété foncière provinciale, de la dominance de I'exécutif, et du rôle du ministere des ForCts. Ceci est renforcb par des liens étroits entre la bureaucratie et les associations clés de l'industrie. Cependant, sous le gouvernement du Nouveau Parti Démocratique des années 1990, la pertinence des politiques des groupes environne-mentaux, syndicaux et autochtones s'est accrue. L'élection des Libéraux et C.-B. a réduit ces intéréts, a l'exception des groupes des Premières Nations. Cependant, il faut aussi reconnaître l'importance des développements intemationaux. Sur le plan institutionnel, ces pressions ont contribuéà une restructuration bureaucratique et a l'évolution de la « culture » au sein du ministère des Forê Les relations indus-trielles ont aussi été influencées par une consolidation de la propriété, les conflits bilatéraux avec les États-Unis au sujet du bois, et le rde croissant des mandataires légaux non élus. En outre, les intér& environnementaux et de main-d'aeuvre ont vu leurs pouvoirs accrus par le financement externe, les demandes d'exportation Plevees et la faiblesse du dollar canadien. Quoique ces changements aient Créé un processus de politiques de plus en plus complexe, il est évident que les considérations nationales dominent, en particulier celles qui sont préconisées par les participants traditionnels, comme le ministére des Forêts et d'autres intérêts sectoriels particuliers. [source]


    Book Review: A Comprehensive Compendium for Food Professionals and Lawyers

    COMPREHENSIVE REVIEWS IN FOOD SCIENCE AND FOOD SAFETY, Issue 2 2009
    Manfred Kroger Ph.D.
    No abstract is available for this article. [source]


    STRATEGIC DECISIONS ON LAWYERS' COMPENSATION IN CIVIL DISPUTES

    ECONOMIC INQUIRY, Issue 4 2007
    KYUNG HWAN BAIK
    We study a model of civil dispute with delegation in which a plaintiff's lawyer works on a contingent-fee basis but a defendant's lawyer on an hourly fee basis. We first derive the condition under which delegation to the lawyers brings both litigants more payoffs compared with the case of no delegation. We then show that under this profitable delegation condition, the contingent-fee fraction for the plaintiff's lawyer is about one-third. Next, allowing the plaintiff to choose between the two fees, we show that under the profitable delegation condition, the plaintiff chooses the contingent fee, given that the defendant adopts the hourly fee. (JEL K41, K13, D74, D72) [source]


    Lawyers at Mid-Career: A 20-Year Longitudinal Study of Job and Life Satisfaction

    JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2009
    John Monahan
    This study is the first to our knowledge to simultaneously measure the predictors of lawyers' satisfaction with their careers and the predictors of lawyers' satisfaction with their lives more broadly. One class of the University of Virginia School of Law was studied between their matriculation in 1987 and their graduation in 1990. All 360 living graduates of this class were contacted in 2007, with a response rate of 72.2 percent. Descriptive information was obtained and empirically validated measures of both career satisfaction and life satisfaction were administered. Respondents were found to have taken many diverse career paths, with most (85 percent) having changed jobs at least once, and half having changed jobs at least twice. Gender differences in the personal and professional lives of respondents were pervasive. Women graduates were far more likely than men to interrupt or forego full-time employment (39 percent vs. 1 percent), mainly in order to care for children, and were also more likely to have a spouse or partner employed full time outside the home (77 percent vs. 24 percent). Working conditions at large private law firms emerged as a significant problem for many respondents; half of those who started their careers in large firms left to go to a different type of employer. Finally, both career satisfaction and life satisfaction were found to be high, with 81 percent of the respondents satisfied with their decision to become a lawyer, and 86 percent satisfied with their lives more broadly. [source]


    In the Interests of Clients or Commerce?

    JOURNAL OF LAW AND SOCIETY, Issue 4 2007
    Demand, Ethical Indeterminacy' in Criminal Defence Work, Legal Aid, Supply
    As a professional, a lawyer's first duty is to serve the client's best interests, before simple monetary gain. In criminal defence work, this duty has been questioned in the debate about the causes of growth in legal aid spending: is it driven by lawyers (suppliers) inducing unnecessary demand for their services or are they merely responding to increased demand? Research reported here found clear evidence of a change in the handling of cases in response to new payment structures, though in ways unexpected by the policy's proponents. The paper develops the concept of ,ethical indeterminacy' as a way of understanding how defence lawyers seek to reconcile the interests of commerce and clients. Ethical indeterminacy suggests that where different courses of action could each be said to benefit the client, the lawyer will tend to advise the client to decide in the lawyer's own interests. Ethical indeterminacy is mediated by a range of competing conceptions of ,quality' and ,need'. The paper goes on to question the very distinction between ,supply' and ,demand' in the provision of legal services. [source]


    Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German Experience

    JOURNAL OF LAW AND SOCIETY, Issue 1 2003
    Matthias Kilian
    The literature suggests that the main barriers to justice range from a general lack of knowledge about legal rights, and the related prevalent use of technical language within justice systems (which has led to commentators describing law as a ,leviathan'), to a vague ,fear of the unknown'. In Germany the principal barrier is thought to be the problem of funding legal services. Empirical research indicates that the question of whether or not to consult a lawyer is primarily one of cost, although over one,third of potential clients have little idea about lawyers' fees. To find ways to surmount this barrier is therefore of paramount importance for a modern society. In broad terms, there are three potential attitudes to legal costs: reliance on one's own resources; hope for third party assistance (such as legal aid or pro bono); and insurance. This article concentrates on the last of these three options, comparing, in particular, the systems in Germany and England and Wales. [source]


    Cape Fear, Two Versions and Two Visions Separated by Thirty Years

    JOURNAL OF LAW AND SOCIETY, Issue 1 2001
    Gerald J. Thain
    This essay examines the changes between 1962 and 1991 that occurred in the context within which the two very different versions of Cape Fear appeared. These two versions of the story of a threatened lawyer are emblematic of an altered perspective on law. The essay highlights the tension between art's role as a reflector of society and its values and its role shaping social views. The inference, from the different portrayals of Sam Bowden, that there has been a systematic decline in the lawyer's status and public esteem is not, however, borne out in the cinematic field. The situation has become one of moral ambiguity with the lawyer playing a more ambivalent role in society. [source]