English Lawyers between Market and State
The Politics of Professionalism
Series: Oxford Socio-Legal Studies;
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Product details:
- Publisher OUP Oxford
- Date of Publication 31 July 2003
- ISBN 9780198260332
- Binding Hardback
- No. of pages752 pages
- Size 242x162x41 mm
- Weight 1205 g
- Language English 0
Categories
Short description:
The English legal profession, uncharacteristically, was often in the headlines during the 1990s. Reforms initiated by a Conservative Lord Chancellor and extended by his Labour successor transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. Rapid market developments enriched some barristers and solicitors while squeezing others. The two professional associations confronted crises in self-regulation and governance. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.
MoreLong description:
Toward the end of the twentieth century, English lawyers enjoyed widespread respect and prosperity. They had survived criticism by practitioners and academics and a Royal Commission enquiry, but the final decade witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism during that tumultuous decade, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) their associations, consumers (individual and corporate, public and private) and the state to shape the market for legal services by deploying economic, political and rhetorical resources (including changing conceptions of professionalism).
The profession had to respond to a greatly increased production of law graduates and the desire of lawyer mothers (and also fathers) to raise their families. It had to replace exclusivity with efforts to reflect the larger society (class, race, gender). The Bar needed to address challenges to its exclusive rights of audience from both solicitors and employed barristers and decide whether to retaliate by permitting direct access, thereby compromising its claim to be a consulting profession. Solicitors had to reconcile their invocation of market principles against the Bar with their resistance to corporate conveyancing and multidisciplinary practices. Government had to restrain a demand-led legal aid scheme; practitioners and their associations sought to pressure the government to expand eligibility and raise remuneration rates.
Divisions within both branches so compromised self-regulation and governance that the government even threatened to deprive lawyers of those essential elements of professionalism.
These challenges have begun a transformation of the legal profession that will shape its evolution throughout the twenty-first century.
'an immensely important book...'
Table of Contents:
The Legal Profession in English Politics
An Unlikely Revolutionary
Halting the Tide
Reflecting Society?
Defending the Temple
Controlling Competition
Conservatives Cut Legal Aid Costs
Labour Ends Legal Aid As We Know It
Serving Two Masters: The Dilemma of Self-Regulation
Governing a Fractious Profession
The Future of Legal Professionalism
