English Lawyers Between Market and State

English Lawyers Between Market and State PDF Author: Richard L. Abel
Publisher: Oxford University Press, USA
ISBN: 9780198260332
Category : Law
Languages : en
Pages : 756

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Book Description
During the 1990s, reforms in the English legal profession transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.

English Lawyers Between Market and State

English Lawyers Between Market and State PDF Author: Richard L. Abel
Publisher: Oxford University Press, USA
ISBN: 9780198260332
Category : Law
Languages : en
Pages : 756

Get Book

Book Description
During the 1990s, reforms in the English legal profession transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.

Lawyers on Trial

Lawyers on Trial PDF Author: Richard L. Abel
Publisher: Oxford University Press, USA
ISBN: 0199760373
Category : Law
Languages : en
Pages : 514

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Book Description
People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.

The Law Market

The Law Market PDF Author: Erin A. O'Hara
Publisher: Oxford University Press
ISBN: 9780199718481
Category : Law
Languages : en
Pages : 288

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Book Description
Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.

Lawyers and the Rule of Law

Lawyers and the Rule of Law PDF Author: Andrew Boon
Publisher: Bloomsbury Publishing
ISBN: 1509925228
Category : Law
Languages : en
Pages : 575

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Book Description
This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.

Lawyering Skills and the Legal Process

Lawyering Skills and the Legal Process PDF Author: Caroline Maughan
Publisher: Cambridge University Press
ISBN: 0521619505
Category : Law
Languages : en
Pages : 478

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Book Description
Lawyering Skills and the Legal Process bridges the gap between academic and practical law for students undertaking skills-based and clinical legal education courses at university. It develops oral and written communication, group working, problem solving and conflict resolution skills in a range of legal contexts: client interviewing, drafting, managing cases, legal negotiation and advocacy. The book is designed specifically to help students to practise and develop skills that will be essential in a range of occupations; develop a deeper understanding of the English legal process and the lawyer s role in that process; enhance their understanding of the relationship between legal skills and ethics; and understand how they learn and how they can make their learning more effective. This book provides a stimulating, accessible and challenging approach to understanding the problems and uncertainties of practising law that goes beyond the standard approaches to lawyers skills.

Lawyers, Markets and Regulation

Lawyers, Markets and Regulation PDF Author: Frank H Stephen
Publisher: Edward Elgar Publishing
ISBN: 1781002681
Category : Business & Economics
Languages : en
Pages : 192

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Book Description
The book surveys where the most recent and radical liberalization involving the ownership of law firms by non-lawyers is likely to lead, and appraises the economic literature on the costs and benefits of regulating markets for professional services. It

Research Handbook on the Sociology of Law

Research Handbook on the Sociology of Law PDF Author: Jiří Přibáň
Publisher: Edward Elgar Publishing
ISBN: 1789905184
Category : Law
Languages : en
Pages : 416

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Book Description
This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.

Corporate Lawyers and Corporate Governance

Corporate Lawyers and Corporate Governance PDF Author: Joan Loughrey
Publisher: Cambridge University Press
ISBN: 1139496484
Category : Law
Languages : en
Pages : 385

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Book Description
This assessment of the corporate governance role of corporate lawyers in the UK analyses the extent to which lawyers can and should act as gatekeepers, counsellors and reputational intermediaries. Focusing on external and in-house lawyers' roles in both dispersed share-ownership and owner-managed companies, Joan Loughrey highlights the conflicts of interest that are endemic in corporate representation and examines how lawyers should respond when corporate agents provide instructions contrary to the company client's interests. She also considers the legitimacy of 'creative compliance', the ethical arguments for and against lawyers prioritising the public interest over their clients' interests, and their exposure to liability if they fail to perform a corporate governance role. Finally, she considers whether the reforms to the legal profession will promote the lawyer's corporate governance role and advances suggestions for reform.

Lawyers in 21st-Century Societies

Lawyers in 21st-Century Societies PDF Author: Richard L Abel
Publisher: Bloomsbury Publishing
ISBN: 1509931236
Category : Law
Languages : en
Pages : 704

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Book Description
This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.

The Legal Aid Market

The Legal Aid Market PDF Author: Jo Wilding
Publisher: Policy Press
ISBN: 144735849X
Category : Law
Languages : en
Pages : 212

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Book Description
Presenting a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms, this book offers fresh thinking on what has gone wrong in the legal aid market. In doing so, this book examines supply and demand, challenges existing legal aid policy and proposes insights for steps forward.