Journal articles on the topic 'Legal practice, lawyering and the legal profession'
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1
Hutchinson, Allan C. "Calgary and Everything after: A Postmodern Re-Vision of Lawyering." Alberta Law Review 33, no. 4 (August 1, 1995): 768. http://dx.doi.org/10.29173/alr1114.
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Hutchinson encourages a re-thinking of the ethics of lawyering. He explores the need to transform through legal theory what is done in legal practice and what is justified to be left undone. This exploration begins with a discussion of the traditional image of the ethical lawyer. He then exposes this image to a series of critiques and introduces alternate models of legal practice. A postmodern vision of lawyering is introduced which reframes and reworks these traditional ways of thinking. By the adoption of such a postmodern re- vision of lawyering, change in legal practice may come about through the legal profession, rather than in spite of it.
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Tam, Waikeung. "Political Transition and the Rise of Cause Lawyering: The Case of Hong Kong." Law & Social Inquiry 35, no. 03 (2010): 663–87. http://dx.doi.org/10.1111/j.1747-4469.2010.01199.x.
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This article examines how cause lawyering can flourish under authoritarianism. Using the case of Hong Kong, it argues that the process of the sovereignty transition between the 1980s and 1997 contributed to the emergence of cause lawyering by establishing a favorable legal opportunity structure, by creating a political structure that provides incentive for lawyers‐cum‐politicians to engage in cause lawyering, and by prompting a few dedicated foreign human rights lawyers to move their practices to Hong Kong. Apart from the factors related to the sovereignty transition, other factors also facilitated the rise of cause lawyering in Hong Kong, including a rights‐receptive judiciary, an autonomous legal profession, and a government‐funded legal aid system.
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Batesmith, Alex. "International Prosecutors as Cause Lawyers." Journal of International Criminal Justice 19, no. 4 (September 1, 2021): 803–30. http://dx.doi.org/10.1093/jicj/mqab068.
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Abstract This article contributes to the developing socio-legal perspectives on the practical realities, power dynamics, and external perceptions of international criminal law (ICL) by exploring the professional sense of self among international prosecutors. Drawing upon original interviews with ‘everyday’ practitioners, the article uses the prism of ‘cause lawyering’ — the practice of law primarily for a lawyer’s moral, political or ideological commitments — to illustrate the struggle between ICL’s legal professionals within Bourdieu’s concept of the juridical field. As a majoritarian practice among international prosecutors, cause lawyering evidences the position-taking of actors who look to assert their authority over and distinction from others within the field, while also exemplifying the strong correlation between professional role and personal identity. Identifying some of the consequences of cause lawyering for ICL, the article concludes by considering the broader implications of a relational study of the discipline’s legal professionals.
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Menkel-Meadow, Carrie. "Exploring a Research Agenda of the Feminization of the Legal Profession: Theories of Gender and Social Change." Law & Social Inquiry 14, no. 02 (1989): 289–319. http://dx.doi.org/10.1111/j.1747-4469.1989.tb00063.x.
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This essay suggests that recent work in feminist theory should reorient the questions that are asked about the role of gender in the legal profession. Some use gender as a category of analysis to explore differences that reinforce conventional gendered stereotypes, such as the conceptualization of work and family in lawyering as a “women's issue.” Others use conventional sociology of the professions analysis, such as stratification, to measure women's “success” and “satisfaction” in the context of the traditional law firm. By focusing on some recent historical and sociological research on women in the legal and medical professions, the author illustrates how we might ask different questions, not to reify gender differences but to more fully examine the role that gender difference, as socially constructed, might play in the transformation of law practice.
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Thanaraj, Ann, and Michael Sales. "Lawyering in a Digital Age: A Practice Report on the Design of a Virtual Law Clinic at Cumbria." International Journal of Clinical Legal Education 22, no. 3 (November 30, 2015): 334. http://dx.doi.org/10.19164/ijcle.v22i3.471.
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<p>This practice paper offers a modest proposition that could make law graduates more capable of serving their clients in a modernised and efficient manner. We propose that in addition to law clinics and other forms of experiential activities, law schools could add a new type of clinical component to their curriculum that teaches students to use technology to assist in the delivery of legal services. Digital lawyering skills will help law students learn core competencies needed in an increasingly technological profession, and it may help close the gap between offering access to justice by making legal services available online in the most accessible and convenient way possible and in equipping law graduates with a modernised and digital legal education. </p>
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Green, Bruce A. "The Religious Lawyering Critique." Journal of Law and Religion 21, no. 2 (2006): 283–97. http://dx.doi.org/10.1017/s0748081400005610.
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One might think about the relationship between law practice and religion in different ways, depending on how one views either the professional norms or religious belief and observance. Some of the most recent academic literature on “religious lawyering” is premised on a highly critical view of the profession's norms and a claim that religious convictions that bear on the practice of law are incompatible with, and preferable to, aspects of the professional norms. My purpose here is to identify, and raise some questions about, both this critique and this suggestion, and to show how they are in tension with other insights of the religious lawyering literature.A conception of the relevance of religion to lawyers' work need not begin with a critical view of professional norms and professionalism. On the contrary, one might start with the premise that the legal profession's expectations for law practice are socially and morally laudable, and perceive lawyers' religious convictions as providing support for good lawyering. This was the understanding expressed by Henry A. Boardman, a Presbyterian Minister, in an 1849 oration that was surely among the earliest recorded reflections on the relevance of religion to the work of U.S. lawyers.
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Cody, Anna. "What does legal ethics teaching gain, if anything, from including a clinical component?" International Journal of Clinical Legal Education 22, no. 1 (February 9, 2015): 47. http://dx.doi.org/10.19164/ijcle.v22i1.405.
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In some law schools legal ethics have been taught very conservatively, focussed on the law of lawyering with a heavy emphasis on ‘professional rules’ and how to ensure solicitors and barristers behave within the professional rules. Others however have proposed different models for thinking about lawyering, lawyers’ ethical duties and the role of lawyers within the legal system. In this article, legal ethics, ethical decision making and values are explored. I ask what value can be gained by including a clinical component within a standard legal ethics course even when it is a short exposure experience. I explore the range of meanings ascribed to ethics and professional responsibility, and the connection between personal and professional identities. Finally using three vital elements within the definition of an ethical legal professional, I evaluate whether the clinical component contributes to teaching students about how to be an ethical legal professional. I draw from the Best Practices of Australian clinical legal education to assist with this process, and discuss some additional learnings which students gain from seeing legal practice modelled for them in a community legal centre, located within a university faculty of law. Some of the challenges of developing an effective clinical component are explored such as the importance of training volunteer lawyer supervisors and how to assess the learning by students. The ways of sharing the individual learning across the student cohort is also a further challenge.
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Leiper, Janet. "Nurturing Commitment in the Legal Profession: Student Experiences with the Osgoode Public Interest Requirement." German Law Journal 10, no. 6-7 (July 2009): 1087–94. http://dx.doi.org/10.1017/s2071832200001486.
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“Eye-opening,” “disheartening,” and “inspiring” are some of the words used by law students who met in 2008–2009 to discuss their mosaic of experience in the field doing public interest work. These students had returned from placements under the first mandatory public interest requirement to be introduced in a Canadian law school (the Osgoode Public Interest Requirement, OPIR). OPIR arose from questions about the relationship between what is learned in law school and what is required to be a professional. Academics have challenged each other to do more to instill an “ethos of professionalism” during law school. Others have suggested that law students who do not receive exposure to the world outside the walls of the law school carry an “idealized conception of the profession” and are often unaware of the many practice contexts available to them. Others have warned that if ethical and professional responsibilities are not modeled and articulated for students, that teaching only the “law of lawyering” does not prepare students for becoming ethical lawyers. Teacher-educator Lee Shulman has bluntly accused law schools of “failing miserably” at connecting its lessons in how to “think like a lawyer” with how to “act like a lawyer.” For years, there have been similar concerns raised about the decline of professionalism among lawyers, both in Canada and in the U.S. A survey of Osgoode graduates revealed that students wanted more opportunities to engage with the community and to experience non-traditional forms of law practice. Osgoode Hall Law School grappled with many of these questions, and in 2007 it approved changes to the curriculum, including a new first year Ethics course (Ethical Lawyering in a Global Community, ELGC) and OPIR. In addition to the more traditional first year mandatory course load, Osgoode Hall law students must also complete ELGC, a minimum of 40 hours of public interest work and then engage in a discussion or written exercise reflecting on their experiences. These reflections are a valuable lens for seeing the profession and the administration of justice through the eyes of first and second year law students. Their experiences remind us in the profession that learning can flow in both directions.
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Bliss, Lisa, Sylvia Caley, and Robert Pettignano. "A Model for Interdisciplinary Clinical Education: Medical and Legal Professionals Learning and Working Together to Promote Public Health." International Journal of Clinical Legal Education 18 (July 8, 2014): 149. http://dx.doi.org/10.19164/ijcle.v18i0.4.
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<p>Interdisciplinary training for professionals is becoming more common in higher education. Educators are beginning to understand the benefit of jointly training students in complex and interrelated skills that improve and complement the primary skills needed to succeed in a particular profession. Legal educators have recognized the value of encouraging flexible, collaborative thinkers who become better problem-solvers through interdisciplinary learning. Many of these are also coming to realize the importance of interdisciplinary training as a component of readiness for professional practice. For many law students, law school clinics are the first opportunity they have to learn legal skills and to engage in problem-solving for real clients. This experiential learning opportunity is often powerful and transformative, and can imprint skills, values, and practice habits that stay with students throughout their professional careers. Incorporating interdisciplinary learning opportunities into the law school clinic experience affords opportunities for co-learning, holistic problem-solving, and community building during young professionals’ formative years. Learning to be a lawyer in the context of an interdisciplinary law school clinic combines the experience of working with real clients and academic inquiry into the nature of the lawyering process itself and the ethical and fundamental practices of other professionals. Clinics serve as incubators for professional development. They provide opportunities for reflection on the practice of law, professionalism, social justice, and countless skills that help ready students for the profession of law. The HeLP Legal Services Clinic at Georgia State University College of Law aims to create an interdisciplinary dimension to such practice and inquiry, and thus influence the way in which the professional students from the law and medicine disciplines work together as learners and future professionals.</p>
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Babacan, Alperhan, and Hurriyet Babacan. "A transformative approach to work integrated learning in legal education." Education + Training 57, no. 2 (March 16, 2015): 170–83. http://dx.doi.org/10.1108/et-07-2013-0098.
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Purpose – The purpose of this paper is to discuss the current context, scope and problems in the provision of work-integrated learning (WIL) in legal education and how the adoption transformative pedagogies in WIL which is offered in legal education can foster personal and social transformation in addition to enhancing lawyering skills. The paper draws on learning from Australia, England and the USA. Design/methodology/approach – The backdrop of this conceptual paper is WIL and transformative education. The text begins with a critique of existing WIL frameworks and practices in legal education in Australia, England and the USA. This exposes a focus on skills enhancement at the expense of social and personal transformation. Drawing on transformative learning, the paper proposes practices which can be used in WIL offered in legal education to enhance personal and social transformation. Findings – There is very little literature on how legal education and WIL in legal education can enhance personal and social transformation. Tensions continue to exist between the predominant aim of instilling the legal skills necessary to ensure that graduates are prepared for legal practice through WIL programmes and between the need to simultaneously enhance critical consciousness and social transformation necessary for active participation in social and professional life. Research limitations/implications – More research is required on the best manner in which the ideals and practices of emancipatory education can be installed within WIL programmes so as to successfully reduce the tensions between the instilling of legal skills required to practice law and the need to train students to be holistic, critical and constructive thinkers. Practical implications – The suggestions made in this paper provide a framework to adopt critical pedagogies in the provision of WIL in legal education. The theoeretical and practice-based suggestions presented in this paper are also relevant to other professional disciplines where personal transformation is desired. Originality/value – The literature on legal education predominantly focuses on enhancing lawyering skills and competencies and there is an absence of the utilisation of transformative pedagogies in legal education generally and WIL offered in legal education. Drawing predominantly on the literature and practices relating to legal education in Australia and incorporating comparative insights from England and the USA, the paper contributes to the broader literature on transformative learning. Most significantly, the paper contributes specifically to the use of transformative pedagogies in WIL offered in legal education through the suggestion of practices relating to critical reflection and dialogue which are not commonly used in legal education.
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Rathod, Jayesh. "The Transformative Potential of Attorney Bilingualism." University of Michigan Journal of Law Reform, no. 46.3 (2013): 863. http://dx.doi.org/10.36646/mjlr.46.3.transformative.
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In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, over time, enjoy cognitive advantages such as enhanced creative thinking and problem-solving abilities, a more analytical orientation to language, and greater communicative sensitivity. Moreover, the existence of lawyers who are fully immersed in the bilingual practice of law will transform and invigorate interactions between attorneys and limited English proficient (LEP) clients and, more broadly, among attorneys, the parties to a proceeding, and legal decision makers. Although many U.S. lawyers possess non-English language ability, few are equipped with the complement of knowledge, skills, and values needed to utilize that language ability effectively in a professional setting. Therefore, the Article also calls upon the legal profession to adopt a more rigorous approach to bilingual training and instruction and outlines a set of competencies that underlie effective bilingual lawyering. These competencies relate broadly to cross-cultural interactions, knowledge of foreign legal systems, specialized and versatile language ability, and verbal and nonverbal communication skills.
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Farrow, Trevor C. W. "Sustainable Professionalism." German Law Journal 10, no. 6-7 (July 2009): 1001–46. http://dx.doi.org/10.1017/s2071832200001462.
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The traditional narrative of the legal profession has run its course. Lawyers are looking for ethically sensitive ways to practice law that “assume greater responsibility for the welfare of parties other than clients” and that increasingly amount “to a plus for this society and for the world of our children.” Lawyers are also seeking ways to practice law that allow them to get home at night and on weekends, see their families, work full or part-time, practice in diverse and “alternative” settings, and generally pursue a meaningful career in the law rather than necessarily a total life in the law. Similarly, law students are hoping not to be asked to make a “pact with the Devil” as the cost of becoming a lawyer, and are instead looking to find areas in the law that fit with their personal, political, and economic preferences. An increasing number of legal academics are teaching, researching, and writing about progressive changes to the way we view the role and purpose of lawyering. Law faculties are actively reforming their programs and creating centres and initiatives designed to make space for innovative ethics offerings and public interest programs. Law societies and other regulatory bodies are slowly chipping away at some of the time-honoured shields of ethically suspect client behaviour, while at the same time facing demands for increased accountability. The bench and the bar are taking an active interest in addressing a perceived growing lack of professionalism within the practice. The public is increasingly skeptical of the distinction that continues to be drawn between legal ethics and “ordinary standards of moral conduct.” Finally, clients are not only expecting lawyers to actively canvass methods of alternative dispute resolution—the alternative to the adversarial and costly litigation process—but they are also demanding evidence of general sustainable professional practices from their legal counsel.
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du Plessis, M. A. (Riette). "The role of clinical legal education in developing ethical legal professionals." De Jure 54, no. 1 (September 30, 2021): 1–20. http://dx.doi.org/10.17159/2225-7160/2021/v54a17.
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Training in legal professionalism and ethics is a vital part of any legal education. Teaching these aspects according to the Socratic method generally proves to be ineffective in producing the desired result. A lawyer's actual life experience, which include happiness and career satisfaction, is rarely included. This article will explore on what it means to be an ethical human being and consider the teaching of professionalism and ethics by way of the clinical legal education methodology. Clinics have particular riches to offer and discussing professionalism, values and ethics in a clinical setting can assist students to begin to identify their own professional sense. University law clinics serve as a role model in legal practice about how a legal practitioner should behave and what ethical decision-making means. The link between culture and ethics, which informs a person's sense of morality and ethics, is explored, with application to diversity and multiculturalism. In clinical context, students assume a high degree of responsibility by taking instructions from clients and they will benefit from cooperative learning where they will begin to develop a deep understanding of professionalism and ethical practice. Through tutorials and debriefing sessions and later in their reflection assignments, students discuss and reflect on aspects of the law, the legal system, their own interviewing skills and the experience of the client. In their reflection assignments, students readily identify areas for improvement but also refer to what they are able to achieve in their interview, building their motivation and sense of autonomy. Ongoing reflection and constructive feedback thereon will support a commitment to ethical and professionally competent, self-directed and autonomous lawyering. Clinical training affords students the opportunity to explore their legal professional and ethical behaviours and values, allowing them to develop in capable, self-directed and independent practitioners who will not only assume responsibility for their individual clients, but also contribute to their communities.
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Wang, Zhizhou (Leo). "Global-Local Dynamics and the Rise of Chinese Corporate Lawyers." China Law and Society Review 3, no. 1 (August 17, 2018): 49–78. http://dx.doi.org/10.1163/25427466-00301002.
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Although the rise of China as an economic powerhouse has attracted considerable academic attention, until recently, the role of Chinese corporate lawyers in this age of economic prosperity and the growth of the Chinese corporate bar have been under-explored in the field. Over the last few years, a small but growing academic literature on Chinese corporate lawyers has started to appear and has shed valuable light on our understanding of the Chinese corporate bar in the era of globalization. Inspired by both U.S. theoretical paradigms and local practice patterns, this literature mainly focuses on the global-local dynamics of the Chinese legal profession and the Chinese corporate legal services market, investigating the relationship between the global diffusion of corporate lawyering and the local logics of the corporate law market. This article reviews this increasingly significant line of research and develops new inquiries about Chinese corporate lawyers.
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Piper, Christine. "How do you define a family lawyer?" Legal Studies 19, no. 1 (March 1999): 93–111. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00087.x.
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Family law has not only become a specialism in its own right, but family law practitioners have claimed for themselves special characteristics. This article reviews the attributes and skills to which the legal profession, and particularly the solicitors branch, aspires. It notes that the ‘specialist’ forms of client care and case management, familiarity with rules and procedures and a conciliatory approach are not unique to family lawyering. Family lawyers also require themselves to have knowledge of ‘non-law’ matters, especially those relating to the welfare of children. On reviewing recent empirical research studies about the work of solicitors, the article asserts that, for family lawyers, non-law norms control their practice and form the framework for a very particular type of client care. The article then goes on to examine - by using research on solicitors attitudes to the ‘meaning’ of the concept of parental responsibility - how practitioners cope with the tensions inherent in modern family legislation. It concludes that solicitors in practice convey policy messages rather than clear messages about legal rights and remedies.
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Onwuachi-Willig, Angela, and Anthony Alfieri. "Racial Trauma in Civil Rights Representation." Michigan Law Review, no. 120.8 (2022): 1701. http://dx.doi.org/10.36644/mlr.120.8.racial.
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Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District, we illustrate how trauma-informed lawyering can both advance civil rights and provide healing for affected communities and individuals. In so doing, we focus our analysis on the use of racial trauma evidence in the Compton school litigation specifically and in contemporary civil rights representation more generally. Building on our prior work on race, cultural trauma, and civil rights lawyering, we investigate the meaning of racial trauma for individual, group, and community clients and for their legal teams while detailing the importance of establishing a trauma-informed practice for today’s civil rights lawyers. This litigation-based investigation shows that sociolegal meaning is bound up in the struggle to accommodate community violence-centered racial trauma advocacy within traditional lawyering processes and legal ethics frameworks. Often overlooked, that ethical and professional struggle affects the form and substance of lawyer decisionmaking and discretion in civil rights cases.
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Byron, Ibijoke Patricia. "The Relationship Between Social Justice and Clinical Legal Education: A Case Study of The Women’s Law Clinic, Faculty of Law, University of Ibadan, Nigeria." International Journal of Clinical Legal Education 20, no. 2 (July 8, 2014): 563. http://dx.doi.org/10.19164/ijcle.v20i2.22.
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<p>There is a vital connection between legal education, public interest and social justice because lawyers use their education for the benefit of the society. They render their services to those who are unable to afford legal services and in addition, challenge injustice under the justice system. Law students are trained by utilizing the techniques of clinical legal education and they are imbued with a social and professional responsibility to pursue social justice in society.</p><p>Much of the literature which propounds clinical methodologies in legal education implicitly understands that exposure to a social justice mission within a guided practice setting provides students not only with a key linkage between their legal education and their practice competence, but also with the intellectual foundation for a long-term engagement with the advancement of social justice.</p><p>The proponents of a social justice dimension and clinical legal education often refer to the “dual goals of hands-on-training in lawyering skills and provision of access to justice for traditionally unrepresented clients”.</p><p>This paper seeks to explore the relationship between clinical legal education and social justice using the Women’s Law Clinic in the University of Ibadan, Nigeria as an illustration.</p><p> </p>
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Thompson Jackson, Janet, and Susan R. Jones. "Law & Entrepreneurship in Global Clinical Education." International Journal of Clinical Legal Education 25, no. 3 (December 18, 2018): 85–134. http://dx.doi.org/10.19164/ijcle.v25i3.769.
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As clinical legal education (CLE) continues to evolve and prepare practice-ready lawyers, and governments worldwide focus on the multilayered impact of technology, automation and artificial intelligence, there is a pressing need to examine law and entrepreneurship through the lens of global clinical legal education. The range of issues include: corporate social responsibility, disruptive technologies, microbusiness, social entrepreneurship, social impact investing, the creative economy, sustainable local economies, cooperatives and shared work, and inclusive entrepreneurship.Indeed, new legal entities like benefit corporations and low profit limited liability companies (L3Cs) have emerged to address contemporary legal needs and in the United States, the notion of an entrepreneurial mindset is prominent. Many of today’s law students are Millennial generation, ages 18-34, while others are digital natives who have not known a world without technology.Business law clinics (BLCs), also referred to as transactional clinics, representing for profit, nonprofit or nongovernmental (NGOs) organizations and social enterprises aim to support the growth of entrepreneurial ecosystems while promoting social and economic justice. BLCs teach law students substantive law, practical skills and professional values. Indeed, BLCs with a social and economic justice perspective can help law students, the next generation of leaders, to develop critical analytic skills and insights into how entrepreneurship supports and sometimes hurts human rights and civil society efforts.Part one of this article examines the evolution of global CLE in western countries like the United States, United Kingdom, Canada, Australia, and in Georgia and Croatia. Part two discusses a more recent phenomenon in CLE, the emergence of BLCs, which expand the clinical experience beyond the courtroom to the boardroom, and the differences and similarities between litigation and transactional legal clinics. Part three examines the rise in BLCs globally, and contains case studies of the global experience in transactional CLE with perspectives from Georgia, Croatia, Australia, Canada and the U.K. Part four considers the unique pedagogical and programmatic aspects of BLCs, such as redefining “practice-ready,” teaching Millennials, and collaboration as a lawyering skill. Part five reflects on the significance of BLCs now. In Part six the article concludes by looking to the future of BLCs in a global context. The article also includes an Appendix 1 with BLC Lawyering Competencies and Learning Outcomes and Appendix 2 with a Checklist for Starting or Re-Imagining a BLC.
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Gravett, Willem Hendrik. "Pericles Should Learn to Fix a Leaky Pipe – Why Trial Advocacy Should Become Part of the LLB Curriculum (Part 1)." Potchefstroom Electronic Law Journal 21 (February 1, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2637.
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It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or counsel. The past several years have witnessed a swelling chorus of complaints that the current LLB curriculum produces law graduates who were "out of their depth" in practice. My purpose is to make a case for the inclusion in the LLB curriculum of a course in trial advocacy. This endeavour of necessity invokes the broader debate over the educational objectives of a university law school – a debate memorably framed by William Twining as the two polar images of "Pericles and the plumber". My thesis is that the education of practising lawyers should be the primary mission of the university law school. The first part of this contribution is a response to those legal academics who hold that the role of the law school is to educate law students in the theories and substance of the law; that it is not to function as a trade school or a nursery school for legal practice. With reference to the development of legal education in the United States, I argue that the "education/training" dichotomy has been exposed as a red herring. This so-called antithesis is false, because it assumes that a vocational approach is necessarily incompatible with such values as free inquiry, intellectual rigour, independence of thought, and breadth of perspective. The modern American law school has shown that such so-called incompatibility is the product of intellectual snobbery and devoid of any substance. It is also often said that the raison d'être of a university legal education is to develop in the law student the ability "to think like a lawyer". However, what legal academics usually mean by "thinking like a lawyer" is the development of a limited subset of the skills that are of crucial importance in practising law: one fundamental cognitive skill – analysis – and one fundamental applied skill – legal research. We are not preparing our students for other, equally crucial lawyering tasks – negotiating, client counselling, witness interviewing and trial advocacy. Thinking like a lawyer is a much richer and more intricate process than merely collecting and manipulating doctrine. We cannot say that we are fulfilling our goal to teach students to "think like lawyers", because the complete lawyer "thinks" about doctrine and about trial strategy and about negotiation and about counselling. We cannot teach students to "think like lawyers" without simultaneously teaching them what lawyers do. An LLB curriculum that only produces graduates who can "think like lawyers" in the narrow sense ill-serves them, the profession and the public. If the profession is to improve the quality of the services it provides to the public, it is necessary for the law schools to recognise that their students must receive the skills needed to put into practice the knowledge and analytical abilities they learn in the substantive courses. We have an obligation to balance the LLB curriculum with courses in professional competence, including trial advocacy – courses that expose our students to what actually occurs in lawyer-client relationships and in courtrooms. The skills our law students would acquire in these courses are essential to graduating minimally-competent lawyers whom we can hand over to practice to complete their training. The university law school must help students form the habits and skills that will carry over to a lifetime of practice. Nothing could be more absurd than to neglect in education those practical matters that are necessary for a person's future calling.
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Gravett, Willem Hendrik. "Pericles Should Learn to Fix a Leaky Pipe – Why Trial Advocacy Should Become Part of the LLB Curriculum (Part 2)." Potchefstroom Electronic Law Journal 21 (February 1, 2018): 1–32. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2635.
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The inescapable reality is that most law school graduates are headed for professional life. This means that law schools have some accountability for the competence of their graduates, and thus an educational responsibility to offer their students instruction in the basic skills of legal representation. The most obvious and direct gain from the university law school offering more training in the generally neglected applied legal skills of trial advocacy, interviewing, counselling, drafting and negotiation, is the benefit to students in helping them bridge the gap between traditional basic legal education and practice. Although I strongly believe that the LLB curriculum should also include courses in legal writing, negotiation, client counselling, and witness interviewing, I emphasise adding a clinical course in trial advocacy to the LLB curriculum for a number of specific reasons. Trial advocacy consists of a set of skills that transcends the walls of the courtroom. It is difficult to conceive of a practising lawyer who does not, in some way and at some time, utilise the skills of advocacy - fact analysis, legal integration and persuasive speech. Even the technical "forensic skills" of trial advocacy, such as courtroom etiquette and demeanour, learning how to phrase a question to elicit a favourable response, and making an effective oral presentation, transfer readily to a wide range of applications within both the legal and business worlds. In addition to learning how to prepare and present a trial from the opening speech through to the closing argument, in a trial advocacy course students would also learn to apply procedural, substantive and ethical rules of law to prove or defend a cause of action. Moreover, if university law schools fail to contribute to establishing a substantial body of competent trial lawyers, our failure will ultimately take its toll on our system of justice. The quality of courtroom advocacy directly affects the rights of litigants, the costs of litigation, the proper functioning of the justice system, and, ultimately, the quality of justice. Also, traditional law school teaching in legal ethics is necessarily abstract and a-contextual. It can be effective at providing instruction in the law of lawyering, but it is seldom as productive when it comes to examining more subtle questions. The university trial advocacy course is the ideal forum in which to raise ambiguous and textured ethical issues. Ethics problems cannot be avoided or rationalised, because the student trial lawyer must always make a personal decision. In the ethics classroom, it is all too easy to say what lawyers should do. In the simulated courtroom, students have to show what they have chosen to do. I argue that a university trial advocacy course should not be antithetical to the university mission. Thus, students should be given the opportunity to learn not only "how" to conduct a trial, but also "why" their newly acquired skills should be used in a certain way, and "what" effect the use of that skill could have. Through properly constructed case files, assignments and class discussions, students should be able to reflect on issues that go beyond the mere mastery of forensic skills. A university course in trial advocacy must be infused with instruction in evidence, legal ethics, procedure, litigation planning, the encouragement of critical thinking about the litigation and trial process, and the lawyer's role in the adversary system. I also suggest, in concrete terms and by way of example, the outlines of both the theoretical and practical components of a university trial advocacy course that would result in a highly practical course of solid academic content.
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Sayers, Naomi. "Social media and social change lawyering: influencing change and silencing dissent." Media International Australia 169, no. 1 (November 2018): 65–73. http://dx.doi.org/10.1177/1329878x18803378.
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The Law Society of Ontario (formerly, the Law Society of Upper Canada) oversees the legal profession in Ontario, Canada, through The Rules of Professional Conduct (‘Rules’). All future lawyers and paralegals must adhere to the Rules. The Law Society sometimes provides guidance on sample policies informed by the Rules. In this article, the author closely examines the Law Society’s guidance on social media. The author argues that this guidance fails to understand how the Rules regulate experiences out of the legal profession and fails to see the positive possibilities of social media to influence social change, especially in ways that conflict with the colonial legal system. The author concludes that the Law Society must take a positive approach and provide some guidance for the legal profession on their social media use, especially around critiquing the colonial legal system. This positive approach is essential to avoid duplicating the systems and structures that perpetuate disadvantage in marginalized communities.
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Gutman, Judy. "The Reality of Non-Adversarial Justice: Principles and Practice." Deakin Law Review 14, no. 1 (August 1, 2009): 29. http://dx.doi.org/10.21153/dlr2009vol14no1art130.
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The growth, development and institutionalisation of alternative dispute resolution (ADR) processes in Australia have paved the way for a changing legal culture. Whilst the adversarial process underpins the Australian legal system, the theory and practice of ADR has allowed a broadening of attitudes towards conflict resolution. In Victoria, collaborative rather than adversarial approaches to justice have been put into practice in ‘problem-solving courts’. This development evidences an institutional shift from adversarial justice towards the greater inclusion of non-adversarial dispute resolution processes. Contemporary best practice lawyering demands recognition and acceptance of this change. Legal educators and regulators must also act on the new reality of lawyering.
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Appelqvist, M. "Refugee Law and Cause Lawyering: A Swedish Study of the Legal Profession." International Journal of Refugee Law 12, no. 1 (January 12, 2000): 71–89. http://dx.doi.org/10.1093/ijrl/12.1.71.
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Abdul Jalil, Juriah, and Shukriah Mohd Sheriff. "Legal Tech in Legal Service: Challenging the Traditional Legal Landscape in Malaysia." IIUM Law Journal 28, (S1) (October 28, 2020): 279–301. http://dx.doi.org/10.31436/iiumlj.v28i(s1).586.
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Digital technologies are now extending its function to the legal profession. But the existence of these technologies otherwise known as legal tech or law tech is challenging the traditional legal profession. The nature of legal practice regulation in Malaysia and the United Kingdom (UK) permits only lawyers and authorised persons as legal service providers. As a result, the legal tech or law tech companies although able to facilitate the service in the legal profession are met with resistance and/or indifference. Should the traditional legal profession fear the invasion of this legal tech? This article aims to analyse the situation in Malaysia and the UK. It examines the impact of technology on legal service and legal profession in Malaysia and in the UK. The article also highlights the implication of this legal technology on the laws governing the legal profession in Malaysia. Through analyses of key Malaysian cases, the study finds that the Bar Council has the power to halt the operation of legal tech companies in providing any legal service in this country.As a result, the Bar has been criticised for being a hindrance to the development of legal tech in Malaysia. In contrast, the UK and the United States of America (US) have been very receptive to legal technology despite the exclusivity in the legal profession.
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Dehm, Sara. "Legal Exclusions: Émigré Lawyers, Admissions to Legal Practice and the Cultural Transformation of the Australian Legal Profession." Federal Law Review 49, no. 3 (May 19, 2021): 327–51. http://dx.doi.org/10.1177/0067205x211016574.
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Legal histories of Australia have largely overlooked the exclusion of European émigré lawyers from legal practice in Australia. This article recovers part of this forgotten history by tracing the drawn-out legal admission bids of two Jewish émigré lawyers in the mid-20th century: German-born Rudolf Kahn and Austrian-born Edward Korten. In examining their legal lives and doctrinal legacies, this article demonstrates the changing role and requirement of British subjecthood in the historical constitution and slow cultural transformation of the Australian legal profession. This article suggests that contemporary efforts to promoting cultural diversity in the Australian legal profession are enriched by paying attention to this long and difficult history of legal exclusions.
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Mohamad Ali, Norfadhilah, Mohd Hazmi Mohd Rusli, Syahirah Abdul Shukor, Mohd Nasir Abdul Majid, Hendun Abd Rahman Shah, Ahmad Zaki Salleh, Lukman Abdul Mutalib, Al’Uyuna ., Mohd Amin, and Marsita Md Nor. "Legal Education in Malaysia in the Context of Legal Practice." International Journal of Engineering & Technology 7, no. 2.29 (May 22, 2018): 494. http://dx.doi.org/10.14419/ijet.v7i2.29.13806.
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Upon attaining independence in 1957, most judges and lawyers in Malaysia received legal education and legal training in the United Kingdom. University of Malaya was the only premier law school in Malaysia during that time. Gradually, the number of law schools increased and now legal education is available in a number of both private and public universities in Malaysia. The landscape of legal education differ post 2008 when new law schools from public universities were made subject to a review conducted by the Legal Profession Qualifying Board (LPQB) – failure to obtain full recognition will result in students from the universities concerned, having to sit for Certificate in Legal Practice (CLP) examination. In the light of this development, legal education in Malaysia has become under strict scrutiny by the legal fraternity, and thus it is a question of what reasonable expectation should the country set on the legal education provided by universities. This article will address legal education from the point of view of universities, the relevance of the CLP examination and the level of skills and knowledge required to produce ‘practice-ready’ graduates. The discussion also considers the availability of the 9-months pupillage before admission to the Malaysian Bar and other criteria for education as provided for by the Malaysian Qualifications Agency (MQA). The whole paper will be based on the Legal Profession Act 1976, the MQA guidelines, the developments of legal education in Malaysia and the experience of laws schools under review by the LPQB and other stakeholders.
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Wang, Zhiqiong June. "Between Constancy and Change: Legal Practice and Legal Education in the Age of Technology." Law in Context. A Socio-legal Journal 36, no. 1 (August 12, 2019): 64–79. http://dx.doi.org/10.26826/law-in-context.v36i1.87.
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In legal practice, as in other professions, the increasing use of technologies is not new. However, it is generally agreed that the latest round of new technological development, such as AI and big data, has presented, and will continue to present, challenges to the legal profession in a much more profound way. If the legal profession must adapt to technological changes, so must legal education. Technologies in legal education present us with three sets of considerations: the adoption and adaptation of technologies to teaching and learning; the study and research of disruptions and other impacts of technologies in society to assist in formulating legal responses to them; and the preparation of future lawyers.This paper first examines the impact of different technologies on legal practice and responses from the profession. Upon examining the opportunities and challenges brought about by new technologies, the paper will further discuss how legal education, especially its curricula, might respond to changes and challenges. It is argued that, like the way they adapted to globalisation, legal education and legal practice will meet new technological challenges and, as such, there is no reason to believe that there is not a bright future for legal education and the legal profession.
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Carle, Susan D. "Elite Privilege and Public Interest Lawyering." Law and History Review 20, no. 1 (2002): 153–55. http://dx.doi.org/10.2307/744158.
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I was delighted to receive David Wilkins's kind comments about my article. Wilkins provides a cogent and pithy analysis of the relationship between the public interest and elite corporate bars. In so doing, he uses my article as a springboard for proposing a thesis more ambitious and general than mine, involving several propositions concerning what he terms the “odd alliance” and “enduring relationship” between elite corporate and public interest lawyers. Wilkins states that this alliance is related to: (1) the similar class origins of these two kinds of lawyers; (2) public interest lawyers' tendency to target defendants who do not threaten the interests of corporate lawyers' powerful clients; and (3) the class interests of the elite bar in bolstering an image of the legal profession as devoted to the pursuit of justice. On all of these topics, I have many points of agreement with Wilkins. I do, however, perceive some differences, which I will very briefly sketch in the limited space allotted me here.
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ShuHong, Yu, Malik Zia-ud-Din, Roy Dilawer Khan, and Samra Bilal. "Cross-National Comparative Study on Legal Education and Admission to Practice Between China, India and Pakistan." Journal of Legal Studies 21, no. 35 (June 1, 2018): 16–37. http://dx.doi.org/10.1515/jles-2018-0002.
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Abstract Legal profession has experienced substantial changes owing to economic needs and evolution of legal industry and market. This has multiplied the need of new breed of competent and well versed lawyers in the global legal profession. The character and calibre of the legal profession is determined by the quality and standard of law faculties and of legal education. The study intends to explore and compare the legal education and admission to practice in China, India and Pakistan. It further expounds the structure, purpose, teaching methods, pathways to admission and problems of legal education in all jurisdictions. The research contemplates on the distinctive features of legal education and its compatibility with practical aspect of legal profession in the selected countries. The study finds that China and Pakistan have a similar structure of mandatory training after graduation which India does not provide for. The study concludes that all jurisdictions must include legal practical course into their curriculum to be able to compete with the global demand.
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Alkhseilat, Abdullah, Hamzeh Abu Issa, Tareq Al-Billeh, Noor Al-Khawajah, and Naji Alwerikat. "THE LAWYER PROCEDURAL IMMUNITY: LAWYERS’ PROTECTION IN LEGAL PRACTICE." Journal of Southwest Jiaotong University 57, no. 6 (December 30, 2022): 131–36. http://dx.doi.org/10.35741/issn.0258-2724.57.6.11.
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A pillar of justice, the rule of law, the realization of rights, and the protection of people's rights is the legal profession, and it is a very valued profession. It is a demanding job and a specialty that few people can master. It is a struggle between good and evil, justice and wrong. The search for evidence, its examination, collection, and submission to the appropriate court for consideration before the court renders its verdict makes the profession of the lawyer one of the most difficult. States must offer lawyers protection in legal texts to practice law freely within and outside the sessions related to their profession to uphold the rule of law. This research is devoted to the lawyer's procedural immunity and explains its legal provisions and the Jordanian law's suitability for them by contrasting it with various Arabic laws. It aims to strengthen lawyers' protection in legal practice.
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Bhadauria, Upendra Singh, Pralhad L. Dasar, Sandesh N., Prashant Mishra, and Shaijal Godha. "Medico-legal Aspect of Dental Practice." Medicine and Pharmacy Reports 91, no. 3 (June 24, 2018): 255–58. http://dx.doi.org/10.15386/cjmed-764.
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Law influences every aspect of human activity, and dentistry in this regard is no exception. Ethical standards of the dental profession are seeing a steady decline, altruistic concepts being overridden by a market driven system. A deficient knowledge regarding the medico-legal aspects halts the effective implementation and delivery of efficient services. The review thus provides an overview of ethical standards, consents and their types, negligence,, determination of negligence, liabilities of dental practitioners and solicitors in dental practices, which comprehensively form an integral part of the medico-legal aspect of dental practice.
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Vasylyk, Iryna. "CONFLICTS IN LEGAL PRACTICE." Almanac of Ukrainian Studies, no. 25 (2019): 29–33. http://dx.doi.org/10.17721/2520-2626/2019.25.5.
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The article deals with the problem of the legislative regulation of advocacy done by the Law of Ukraine on the Bar and practice of law from 2012 and the Rules of the Bars’ ethics confirmed by the electing meeting of the Bars of Ukraine on June, 9th 2017. The structure and competence of the Ukrainian national bodies of the lawyers’ self-governance crated according to the Law from 2012 and after the requirement of the Council of Europe as a precondition of the membership of Ukraine on the European Union are also outlined. The author illustrates the main types of conflicts that a lawyer encounters during his / her professional activity like the conflict situations, conflicts and the tense conflicts and proposes the ways to reconcile them. It is shown, that the most effective ways to reconcile conflicts are compromises and negotiations. Such methods of conflict’s reconciliation often used in the lawyers’ milieu without significant positive results as the blackout of conflicts or attempts to salve them are also mentioned. Special attention is paid to the very important question of entrance of the Ukrainian Bars to the leading European and world lawyers and legal societies which became possible only after the creation of the Ukrainian National Bar Association as the national regulator in the lawyers’ profession. The author has reviewed the requirements of the Ethics Rules of European Union’s countries regarding the resolution of lawyers' conflicts with colleagues and clients, a.o. from foreign countries. The author has also analyzed the Ukrainian Ethics Rules regarding the most common conflicts in the activity of Ukrainian lawyers, in particular regarding conflicts of interest, the combination of legal practice with public, scientific and journalistic activities, as well as lawyers’ activities and communication on the Internet.
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Zamroni, Mohammad. "Legal Liability of Advocates in Legal Services Contracts." Substantive Justice International Journal of Law 3, no. 1 (April 19, 2020): 1. http://dx.doi.org/10.33096/sjijl.v3i1.50.
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The main role of an advocate is to help clients get a fair legal process. This role gives birth to high expectations of advocates so that clients give full confidence to advocates to represent their interests. But in practice, it is not uncommon for advocates to abuse the trust given by their clients. As recorded in the 2019 PERADI annual report which shows that advocates reported by their clients to the PERADI Honorary Board are increasing. Avocados do have immunity rights as regulated in Article 16 of Law No. 18 of 2003 concerning Advocates jo. the decision of the Constitutional Court through decision No. 26 / PUU-XI / 2013. But of course, advocates cannot always protect their immune rights, especially if advocates violate the law and harm the interests of their clients. This study aims to analyze the legal responsibilities of lawyers who violate the law while carrying out their profession and are bound in a legal services contract. This research is normative legal research. The approach used in this research is the conceptual approach, the legislation approach, and the case approach. This research concludes that even though law violations were carried out by lawyers while carrying out their profession and based on a contract, advocates remain responsible, both civil and criminal. While the right to immunity can only be used as a basis for legal protection when advocates in good faith in defending the interests of their clients.
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Hoque, Ridwanul. "Gender and the Legal Profession in Bangladesh: Achievements and Challenges." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 3 (December 1, 2015): 45–64. http://dx.doi.org/10.7146/nnjlsr.v0i3.111105.
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The history of women entering the legal profession in Bangladesh is quite recent. This is not surprising. Even in Western societies, with liberal cultural ideologies as regards gender-equality, women had to fight a lot to create a space for themselves in the legal profession. In the US case of Bradwell v. State of Illinois (1872), for example, the Supreme Court refused to allow a married woman into legal practice, arguing that 'the paramount destiny' of women is to fulfill the noble office of 'wife and mother'. Women in Bangladesh aspiring to enter the legal profession never faced such overt 'official' hurdles from the fellows of the same profession. Rather, a number of social, religious, professional, environmental and ideological factors have often stood, in various degrees, in their way. The Constitution of Bangladesh categorically prohibits discrimination based, among others, on sex. By contrast, it imposes a duty on the state to promote women's participation in every sphere of public life. Nevertheless, it is argued in this paper, Bangladeshi women in various walks of the legal profession continue to face implicit gender discrimination. There are factors that both dissuade women from choosing law as a profession and retard the career of those who are already in the profession. This paper brings into light and examines the factors that are arguably responsible for the hidden discrimination against women in the legal profession. For the purpose of this paper, the term 'legal profession' is used to mean legal practice in courts and elsewhere and the profession in the judiciary.
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Herrera, Luz E. "Community Law Practice." Daedalus 148, no. 1 (January 2019): 106–12. http://dx.doi.org/10.1162/daed_a_00542.
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Community-embedded law practices are small businesses that are crucial in addressing the legal needs that arise in neighborhoods. Lawyers in these practices attend to recurring legal needs, contribute to building a diverse profession, and spur community development of modest-income communities through legal education and services. Solo practitioners and small firm lawyers represent the largest segment of the lawyer population in the United States, yet their contributions to addressing the legal needs of modest-income clients are rarely recognized or studied. This essay sheds light on the characteristics, motivations, and challenges these law practices face in providing access to justice to modest-means communities.
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Soukupová, Jana. "AI-based Legal Technology: A Critical Assessment of the Current Use of Artificial Intelligence in Legal Practice." Masaryk University Journal of Law and Technology 15, no. 2 (September 30, 2021): 279–300. http://dx.doi.org/10.5817/mujlt2021-2-6.
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In recent years, disruptive legal technology has been on the rise. Currently, several AI-based tools are being deployed across the legal field, including the judiciary. Although many of these innovative tools claim to make the legal profession more efficient and justice more accessible, we could have seen several critical voices against their use and even attempts to ban these services. This article deals with the use of artificial intelligence in legal technology and offers a critical reflection on the current state of the art. As much as artificial intelligence proved that it could improve the legal profession, there are still some underlying risks connected to the technology itself, which may deem its use disturbing.
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Oko, Okechukwu. "Contemporary Law Practice in Nigeria." Journal of African Law 38, no. 2 (1994): 104–24. http://dx.doi.org/10.1017/s0021855300005477.
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The legal profession occupies a strategic position in Nigerian society. In addition to performing the traditional function of protecting individual rights through litigation, lawyers actively involve themselves in the creation of legal institutions and concepts that promote development. Legal services profoundly affect and shape virtually all social, economic and political arrangements in the country. Nigerian society has become increasingly reliant on lawyers for its smooth functioning. The country anchors its hope for social and economic development on them.
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Paudel Subedi, Krishna Kumari, Kalpana Timalsina, and Raja Laxmi Bhele. "Nurse’s Awareness on Ethico-legal Aspects of Nursing Profession." Journal of Nepal Health Research Council 16, no. 1 (March 18, 2018): 49–52. http://dx.doi.org/10.3126/jnhrc.v16i1.19363.
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Background: Nursing practice amicably includes practical efficacy and ethics. Now a days legal and ethical problems associated with client care are arising day by day. Therefore, nurses should have adequate understanding of basic legal concepts and issues relevant to nursing profession in order to protect the rights of the clients and the nurses.Methods: A cross sectional descriptive design was adopted for the study. 142 nurses were included by using purposive sampling technique. Data was collected with self-administered structured questionnaire. Descriptive statistics was used to reveal demographic information. Kruskal Wallis and Mann Whitney test were used to find out association of selected demographic variables and ethico legal aspects of nursing.Results: Majority of participants were belonging to 20-29 years of age. More than half nurses had complete bachelor’s degree and had less than 10 year’s experiences. Majority of participants reported that they did not encounter any legal issues in their professional life till date. Similarly, majority of participants had average level knowledge and equate level of practice. Years of experiences and education level did not affect in knowledge level and existing practice related to ethico legal aspect of nursing. There was no significant relationship between level of knowledge and existing practice.Conclusions: Nurses have average knowledge and practice on ethico legal aspects. There is positive relationship between knowledge and practice though it is not statistically significant.
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O. Raimondo, Fabián. "Lawyering in the Hague: An Introduction to the Roles of Counsel Practising at the icc." International Criminal Law Review 16, no. 6 (November 23, 2016): 946–71. http://dx.doi.org/10.1163/15718123-01606005.
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This article identifies and describes the roles that counsel in independent practice may play at the International Criminal Court (icc), as well as the rules governing the criteria to be met by counsel to be included in the List of Counsel and the appointment of counsel. It also seeks to identify legal issues concerning the roles, qualifications, and appointment of counsel that may deserve further consideration and study. In the light of the law and practice of the icc, the article concludes that counsel may play at least four different roles in icc proceedings, and that the meaning of the term counsel in the law and practice of the icc lacks precision, which in turn may create problems as regards the applicability of certain legal instruments to certain categories of counsel practising at the icc.
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Vij, Rajiv. "Impact of information & communication technology on legal education, legal profession/practice and law librarians." ACADEMICIA: An International Multidisciplinary Research Journal 8, no. 2 (2018): 106. http://dx.doi.org/10.5958/2249-7137.2018.00015.0.
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Baker, Wendy G. "Structure of the Workplace Or, Should We Continue to Knock the Corners off the Square Pegs or Can We Change the Shape of the Holes." Alberta Law Review 33, no. 4 (August 1, 1995): 821. http://dx.doi.org/10.29173/alr1119.
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The author discusses the structure of the workplace in the legal profession from the perspective of a woman who has practiced law for fifteen years, who was on a recent task force reviewing gender equality in the legal profession and who is now a member of the Supreme Court of British Columbia. From this perspective, the author finds that workplace structures in the legal profession have changed very little in the past two decades. However, a number of factors are compelling the legal profession to rethink workplace structures: average incomes of lawyers have dropped in recent years as compared to other similarly educated Canadians; traditional areas of practice for lawyers are being encroached upon by other professionals and para-professionals; the oftentimes unpopular image of the profession amongst its clients and the general public; and the increasing presence of women in the profession and their male counterparts who also wish to break from traditional modes of practice. These factors are forcing members of the profession to begin to take advantage of the flexibility latent in the traditional legal work environment to alter the structure of the workplace. The author says these changes are necessary to better serve the needs of both lawyers and the democratic society it is their function to defend.
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Künnecke, Martina. "English as Common Legal Language: Its Expansion and the Effects on Civil Law and Common Law Lawyers." European Review of Private Law 24, Issue 5 (October 1, 2016): 733–57. http://dx.doi.org/10.54648/erpl2016044.
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English has become the common language in a globalized legal world. However, the far-reaching consequences of the domination of key areas of the international practice of law by legal English are not yet fully understood and analysed. This article is concerned with an analysis of the expansion of legal English in global legal practice. This area has also been described as the ‘Law Market’, i.e. the area of activities of global lawyers in coping with the regulatory and legal frameworks in which international businesses function.’2 Much of the existing research into legal English as a common language is concerned with the development of legal English as a vehicle language for non-native English speakers in the sense of a lingua franca.3 The discussion is divided into either promoting the use of legal English as global language4 or pointing to its limitations ‘in that its legal terminology is premised on the tools of the (minority) common law system’5. This article aims to assess the interface and dynamics between lawyers using legal English as a common language as well as foreign languages in their legal work. This includes lawyers trained in the common law and/or civil law. Its aim is to gain a better understanding of global lawyering and communication in law and business relationships and to develop strategies for the internationalization of legal education and training in the UK.
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Kuehl, Heidi Frostestad. "Resources for Becoming Culturally Competent in a Multijurisdictional Practice: G20 Nations and Associated Legal Traditions." International Journal of Legal Information 44, no. 2 (July 2016): 83–115. http://dx.doi.org/10.1017/jli.2016.21.
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AbstractThis article provides an overview of the importance of cultural competency skills for multijurisdictional practice and a comprehensive list of resources for international business law for G20 nations. Law students today are certain to confront issues of cultural competency in both clinical settings during law school and also during their legal careers as a result of the increasingly global practice of law. This article focuses on cultural competency as an essential lawyering skill in the context of private international law. First, the article will provide a brief history of cultural competency and its inclusion as a type of skills training in a clinical legal education setting at some law schools. Then, the article includes a brief survey of current globalization offerings and initiatives at U.S. law schools. Finally, the article provides a comprehensive list of resources to aid cultural competency and understanding of the legal systems and, further, an authoritative survey of international business resources for G20 countries.
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Brooks, Brian. "Ethics and Legal Education." Victoria University of Wellington Law Review 28, no. 1 (March 2, 1998): 157. http://dx.doi.org/10.26686/vuwlr.v28i1.6089.
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The submission of the report by Brent Cotter QC and Christopher Roper on Education and Training in Ethics and Professional Responsibility to the New Zealand Law Society in 1994 highlighted the need for a concerted effort to inculcate ethical know-how into the profession at all stages of their education and practice. In this article Professor Brooks surveys the place of ethics in law teaching today and ponders the many problems surrounding the teaching of ethics in the university environment. He argues that the teaching of ethics needs to focus on the process and context of ethics rather than focussing on the rule based modfel which some commentators advocate.
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SAN, Isa Hayatu Chiroma, Ani Munirah Mohamad, and Ibrahim Sule. "Commoditization and Productization of Legal Services: The new trends and the challenges of Nigerian lawyers." International Journal of Law and Politics Studies 4, no. 2 (October 23, 2022): 19–26. http://dx.doi.org/10.32996/ijlps.2022.4.2.3.
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The wind of change due to the inevitable interaction between technology and all professions keeps on blowing and has greatly blown off so many age-long conservatives and traditional practices in the legal profession. The intersection between law, and legal practice, on the one hand, and the internet and technology, on the other hand, has a sweeping impact on legal practice, legal practitioners, judges and on every other person and issue within the administration of justice ecosystem. Law and the legal profession are no longer the business of lawyers only as emerging trends are coming up, necessitating legal practitioners to inevitably seek the intervention of other professionals, especially in computer engineering, software development and Artificial intelligence. This interaction, therefore, circumstantially tasks, challenges and forces the legal profession to either fragment and splinter or other professionals will invade to take over most of the legal services traditionally being offered by lawyers only, and the clients will welcome this development. This article analyses these emerging trends from the Nigerian lawyer’s perspective and concludes that any Nigerian lawyer who refuses to accept these current digital realities will soon be unfit to deliver effective legal service to anyone and will economically have himself to blame if he loses earnings.
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Qafisheh, Mutaz M. "Reforming Legal Education through Clinical Pedagogy: Legal Education in Palestine." Asian Journal of Legal Education 4, no. 2 (June 14, 2017): 146–69. http://dx.doi.org/10.1177/2322005817696571.
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This article introduces the modern legal education scene in Palestine, by sharing the experience in setting up and running the clinical programmes of Hebron University. The article pursues a comparative approach by reviewing models of successful clinical programmes in various countries and by shedding light on the existing clinics at Hebron University. It warns, however, that despite achievements, the future of clinical pedagogy in the country remains uncertain. It may take years for clinics to build a solid base within the legal education system. Law schools have yet to develop a clear place for clinics within the curricula. The writer argues that the capacity of clinics to advance legal education, complement the apprenticeship stage, strengthen the legal profession and become a legal aid provider is unbounded. Building a coherent clinical system that is parallel to the systems of professional training, law practice and legal aid will require other reforms.
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Stamford da Silva, Artur, and Mariana Farias Silva. "Sex professionals in Latin America: Observing stakeholder participation through the form of legal/illegal/non-legal differentiation." Oñati Socio-Legal Series 11, no. 6S (December 22, 2021): S48—S81. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1241.
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We researched political and legal communications about the sex profession through the Inclusion/Exclusion Form. The theoretical content is based on Niklas Luhmann's theory of society as a social communication system and Luis Antônio Marcuschi's theory of language as a social work. In this research we explored dates of Argentina, Brazil and Uruguay. The corpora were made up of data catalogued on institutional websites, documents obtained from directors of associations and unions of sex workers, in addition to e-mail exchanges and online conversations with directors and sex professionals via virtual meetings. In the area of political communications, we observe inclusions and exclusions at the same time, as regulation has promoted several exclusions. The participation of workers in the discussions, when that had happened, was not reflected a posteriori either in public policies or in the implementation of regulations. As for legal communications, we observe that those who practice the profession experience inclusions and exclusions at the same time, since the profession is criminalized at the same time that it is recognized as a profession. The conclusion is that the inclusion/exclusion form broadens the spectrum of observation by allowing inclusion to be observed at the same time as exclusion.
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Hart, Caroline Lydia. "Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners." International Journal of Rural Law and Policy, no. 2 (December 31, 2012): 1–17. http://dx.doi.org/10.5130/ijrlp.i2.2012.2660.
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Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. This paper refers to the legislation and the literature on the range of business structures, before giving an insight into the actual choice of business structures used by Queensland regional, rural and remote legal practitioners. What is the awareness of the new business structures? And are there factors inhibiting RRR legal practitioners from their use? This paper draws on over 30 interviews with sole practitioners, partners and legal practitioner directors about their choice of business structure.
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Smyth, Gemma, Dusty Johnstone, and Jillian Rogin. "Trauma-Informed Lawyering In The Student Legal Clinic Setting: Increasing Competence In Trauma Informed Practice." International Journal of Clinical Legal Education 28, no. 1 (April 22, 2021): 149–94. http://dx.doi.org/10.19164/ijcle.v28i1.1130.
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Garingan, Dominique, and Alison Jane Pickard. "Artificial Intelligence in Legal Practice: Exploring Theoretical Frameworks for Algorithmic Literacy in the Legal Information Profession." Legal Information Management 21, no. 2 (June 2021): 97–117. http://dx.doi.org/10.1017/s1472669621000190.
Full textAbstract:
AbstractIn response to evolving legal technologies, this article by Dominique Garingan and Alison Jane Pickard explores the concept of algorithmic literacy, a technological literacy which facilitates metacognitive practices surrounding the use of artificially intelligent systems and the principles that shape ethical and responsible user experiences. This article examines the extent to which existing information, digital, and computer literacy frameworks and professional competency standards ground algorithmic literacy. It proceeds to identify various elements of algorithmic literacy within existing literature, provide examples of algorithmic literacy initiatives in academic and non-academic settings, and explore the need for an algorithmic literacy framework to ground algorithmic literacy initiatives within the legal information profession.