Professionalism is currently undergoing a process of radical change. Changes in the welfare state and in the market place have impacted upon professional organisations forcing them to change the ways in which they perform their jobs. This book analyses these changes in relation to the legal industry and other professions such as doctors and accountants. It argues that the shift is being driven by the powerful and informed corporate client whilst it downgrades consideration for the weaker uninformed client with many casualties as a result. It highlights how this shift has become an important political issue as the different camps seek support from political parties. It suggests that the resulting contest will be one of the key political struggles of the first decade of the next century.
Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
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.
How do professional associations build their resources and establish authroity? What are the conditions under which professional expertise can be mobilized for political action? If professional organizations are endowed with a wealth of resources, do they use them responsibly or only for economic monopoly? What is the potential scope of professional action today? In this pathbreaking study of the legal profession, Terence Halliday raises and addresses these questions combining extensive data from the rich archives o the Chicago Bar Association, one of the nation's largest and wealthiest bar organizations, with data from a national survey of bar legislative and judicial action. Beyond Monopoly demonstrates that the primary commitment of lawyers to economic monopoly has long been complemented by "civic professionalism" as the legal profession takes on more responsibility in the American democratic system when state capabilities diminish. Through his examination of three types of state crises in the 1950s and 1960s—the challenges to legitimacy in the legal system, the crisis of individual rights during McCarthyism and the civil rights eras, and the fiscal crises of various state governments—Halliday shows that large bar associations can have extensive influence on any institution that is regulated by law. He argues that lawyers have the capability of turning social and political issues into technical legal matters in what he calls an "idiom of legalism." Under technical guise, lawyers come to exercise moral authority. Halliday maintains that the American legal profession over the past century has gone from a formative stage, when controlling its market in the delivery of legal services was paramount, to an established phase in the past two decades, when it has committed extensive resources to the complex needs of the modern state. A de facto bargain has been struck: if the state leaves the profession's monopoly fairly intact, the profession can use its expert resources to help the state adapt to strain and crisis. It can do so not only in the legal system, where it has been championing "autonomous" law, but in other spheres as well—from the economy to the private sphere of individual rights. Halliday confirms that the legal profession deploys its expertise not merely to attain professional dominance, to control a market, or to purvey an ideology, but to increase the viability of democratic institutions. Beyond Monopoly introduces a pioneering approach to a historical and comparative sociology of the professions that will be of vital interest not only to sociologists, but to political scientists and lawyers as well.
These days, even if you're an outstanding lawyer, you're getting lost in the shuffle. The legal landscape is saturated with over 1.3 million attorneys. In The Game Changing Attorney, marketing expert Michael Mogill teaches actionable strategies to help you break through the noise, gain your ideal client's attention, and land the best cases.
Law has become a buyer's market, and it's never going back. Re-envisioning the purpose of law firms and the role of lawyers, Jordan Furlong has designed a transformative client-first law firm that rethinks the business model, culture, service, competitiveness, growth strategies, diversity, and leadership of modern legal enterprises.
An inquiry into the internal market as an ambiguous legal concept, this volume will consider the vertical distributions of competences between the EU and its Member States and the horizontal distribution of powers between the Court and the legislative institutions of the EU.
This book provides a comprehensive account of the modern Australian legal aid system. It charts the twists and turns of policy and practice over the past 30 years with a particular focus on:the reaction of the legal profession to conflicts and debates about legal aid policy and services and the way in which this has both reflected and accentuated major shifts in the social and political structure of the profession itself; the development of community legal centres from radical fringe organisations to accepted legal practices, which provide a 'value for money' service and work in alliance with the big city firms; the constancy of government calls for fiscal restraint and the recurrent lack of clear objectives despite widely varying approaches by different administrations.
