Tournament of Lawyers traces in detail the rise of one hundred of the nation's top firms in order to diagnose the health of the business of American law. Galanter and Palay demonstrate that much of the large firm's organizational success stems from its ability to blend the talents of experienced partners with those of energetic junior lawyers driven by a powerful incentive—the race to win "the promotion-to-partner tournament." This calmly reasoned study reveals, however, that the very causes of the spiraling growth of the large law firm may lead to its undoing. "Galanter and Palay pose questions and offer some answers which are certain to change the way big firm practice is regarded. To describe their work as challenging is something of an understatement: they at times delight, stimulate, frustrate and even depress the reader, but they never disappoint. Tournament of Lawyers is essential to the understanding of the business of the big law firms."—Jean and Colin Fergus, New York Law Journal
This book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously.
Offering a guided tour through the maze of the late-twentieth-century legal world, in which even lawyers themselves can lose their bearings, Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance. "Glendon's analysis has historical depth and ideologial subtlety".--Publishers Weekly. 8 illustrations.
No occupation in America supplies a greater proportion of leaders than the legal profession, yet it has done little to prepare them for this role. Lawyers sit at the helm of a vast array of powerful law firms, businesses, governmental, and nonprofit organizations. Two of the last three presidents have been lawyers. And yet almost no occupation rouses greater public distrust. This paradox raises two important questions: Why do we look to lawyers to lead, and why do so many of them prove to be so ill-prepared for that role? In Lawyers as Leaders, eminent law professor Deborah Rhode not only answers these questions but provides an invaluable overview for attorneys who occupy or aspire to leadership positions in public and private practice settings. Drawing on a broad range of interdisciplinary research, biographical profiles, and empirical studies, she covers everything from decision making, conflict management, and communication to ethics and diversity in leadership, and what lawyers can do to advance both their professional development and the public interest. Rhode contends that the legal profession attracts many people with the ambition and analytic capabilities to be leaders but often fails to develop other qualities that are essential to their effectiveness. Successful lawyers need to be confident, competitive, and even combative, but possessing such qualities often results in a lack of interpersonal sensitivity, emotional intelligence, and resilience-the "soft skills" that both legal education and the reward structure of legal practice consistently undervalue. The most successful leaders, Rhode argues, are those who can see past their own ambitions and retain a capacity for critical reflection on their performance. The first serious work on leadership and law, Lawyers as Leaders will prove essential to law students, law faculty, and lawyers holding or seeking governance positions.
selfless efforts, but professionalism will lead to occupational suicide if it is used as a justification for not seeing and adapting to the world ahead." --Book Jacket.
For nearly two centuries, Kronman argues, the aspirations of American lawyers were shaped by their allegiance to a distinctive ideal of professional excellence. In the last generation, however, this ideal has failed, undermining the identity of lawyers as a group and making it unclear to those in the profession what it means for them personally to have chosen a life in the law.
"This collection of articles is an effort to create a greater understanding of the empirical issues that lie behind the debate over whether in the practice of law the ideals of professionalism have been replaced by the demands of commercialism. This book is the most systematic attempt so far to examine what professionalism means in the various arenas of legal practice in the United States. It also seeks to advance the theoretical interpretations that lie at the heart of the scholarship on professionalism and establish a framework for analyzing the issues that is more grounded than previous idealist accounts, yet retains some of the ideas of contingency and changeability that structualist accounts have ignored"--Preface.
This readable, hard-hitting look at how money has come to dominate the nation's legal practice--to the detriment of integrity and candor within the profession--suggests steps that law firms can and must take to achieve reforms and restore lost values.
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.
Foundational socio-legal study of lawyers in solo and small practice in Chicago in the 1950s and early 1960s, updated with later contributions from 1994 and 2011. Jerome Carlin's LAWYERS ON THEIR OWN is a recognized, foundational study of lawyers in individual practice in an urban setting. It became the template for an important form of social science research into lawyers in solo practice. The first extensive and grounded study of individual practitioners and their candid quotes in interviews, Carlin's book exposed the unique practices, class divides, ethical dilemmas and ultimate resentments of a little-viewed subgroup of attorneys and their clients. This book's findings and research methodology influenced many such studies of attorneys in action that followed it. The author's succinct and supported writing has proved to be an enduring and important study in this field of socio-legal research. Updated with the author's extensive introduction to the second edition, as well as a new foreword by law professor William Gallagher, this modern republication is presented to a new generation of readers and researchers into the daily lives, work, business angles and unique challenges of solo and individual-client law practice. Quality ebook formatting from Quid Pro Books includes linked notes, active Contents, legible tables and graphs, and careful proofreading. In addition, this ebook (and the new edition in paperback) embeds the original pagination from prior editions so that the reader, even of digital formats, has continuity in research, referencing, and classroom assignments.
The past two decades have seen profound changes in the legal profession. Lives of Lawyers Revisited extends Michael Kelly’s work in the original Lives of Lawyers, offering unique insights into the nature of these changes, examined through stories of five extraordinarily varied law practices. By placing the spotlight on organizations as phenomena that generate their own logic and tensions, Lives of Lawyers Revisited speaks to the experience of many lawyers and anticipates important issues on the professional horizon. "Michael Kelly has done it again! His Lives of Lawyers Revisited is a very easy read about some very difficult notions like 'litigation blindness' and law as a business. It presents some fascinating perspectives on our profession." —J. Michael McWilliams, Past President, American Bar Association "The best single book about the American realities and possibilities of the American legal profession, combining an empathic and insightful account of law practice with a penetrating analysis of the wider context of professional work." —Marc Galanter, University of Wisconsin "Michael Kelly believes that professional values and conduct are not realized in codes, but in the experiences of practice, and that practice draws its routines and ideals from organizations. Through his studies of lawyers in various firms, closely observed and sympathetically described, Kelly reveals how differently organizations adapt to the intense pressures of today's practice environment. His method of linking individual life-experiences to organizational strategies and the external constraints of competition and client demands infuses realism and richness into the concept of professionalism and makes this one of the most interesting and original books on professions and professionalism to appear in years." —Robert W. Gordon, Yale Law School "In his two volumes of Lives of Lawyers, Michael Kelly explores legal ethics in an unusual, and unusually rewarding, way. Rather than focusing on rules or arguments, Kelly looks at the kind of lives lawyers lead. Ethics, Socrates thought, is about how to live one's life, and Kelly takes the Socratic question to heart. He explores the institutions lawyers work in and the choices they make. He writes with intelligence, great insight, and above all with heart. This is a superb book." —David Luban, Georgetown University Michael J. Kelly is President and Chairman of the Board of the National Senior Citizens Law Center, an advocacy group for older Americans of limited means.
Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen. In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education. She argues convincingly that the bar's current self-regulation must be replaced by oversight structures that would put the public's interests above those of the profession. She insists that legal education become more flexible, by offering less expensive degree programs that would prepare paralegals to provide much needed low cost assistance. Most important, she calls for a return to ethical standards that put public service above economic self-interest. Elegantly written and touching on such high profile cases as the O.J. Simpson trial and the Starr investigation, In the Interests of Justice uncovers fundamental flaws in our legal system and proposes sweeping reforms.
The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits corrodes their core business model. Modern technology can now handle routine legal tasks like drafting incorporation papers and wills, reducing the need to hire lawyers; tort reform and other regulations on litigation have had the same effect. As in all areas of today's economy, there are some big winners; the rest struggle to find work, or decide to leave the field altogether, which leaves fewer options for consumers who cannot afford to pay for Big Law. It would be easy to look at these enormous challenges and see only a bleak future, but Ben Barton instead sees cause for optimism. Taking the long view, from the legal Wild West of the mid-nineteenth century to the post-lawyer bubble society of the future, he offers a close analysis of the legal market to predict how lawyerly creativity and entrepreneurialism can save the profession. In every seemingly negative development, there is an upside. The trend towards depressed wages and computerized legal work is good for middle class consumers who have not been able to afford a lawyer for years. The surfeit of law school students will correct itself as the law becomes a less attractive and lucrative profession. As Big Law shrinks, so will the pernicious influence of billable hours, which incentivize lawyers to spend as long as possible on every task, rather than seeking efficiency and economy. Lawyers will devote their time to work that is much more challenging and meaningful. None of this will happen without serious upheaval, but all of it will ultimately restore the health of the faltering profession. A unique contribution to our understanding of the legal crisis, the unconventional wisdom of Glass Half Full gives cause for hope in what appears to be a hopeless situation.
Canada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place? From the several hundred requests for judicial review filed every year, how and why do the justices pick some cases but not others for review? Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's agenda and others do not. Taking the approach that the process mimics a sports tournament, this study raises several vital questions. For example, is there an elite Supreme Court "bar" that routinely wins the tournament? Do the Court's rules affect the tournament's outcomes? Or does winning and losing reflect the resources of the parties? As players in this tournament, how do the judges play the game and how does it affect their votes to grant or deny judicial review? Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Roy B. Flemming offers both a qualitatively- and quantitatively-based explanation of how Canada's justices grant judicial review. The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth, and European countries whose high courts share many features of the appeals process in Canada.
Judicial Politics in the United States examines the role of courts as policymaking institution, and their interactions with the other branches of government and other political actors in the American political system, helping students understand how and why courts are such important legal and political institutions in the United States. Not only does this book cover the nuts and bolts of our judicial system, from the functions, structures and processes of courts to the details of the legal profession, it goes well beyond other judicial process books by examining how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to how the courts interact with interest groups, the media, and general public opinion, and a chapter examining how U.S. courts and the judges who serve on those courts interact with other judiciaries around the world, exposing students to issues beyond our borders. Judicial Politics in the United States balances coverage on the courts and judicial processes with discussions of broader issues of the courts' interactions with our larger political universe and with courts abroad, making it the quintessential text for all students of judicial processes and politics.
"This book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously."--Bloomsbury Publishing.
Jews are a people of law, and law defines who the Jewish people are and what they believe. This anthology engages with the growing complexity of what it is to be Jewish — and, more problematically, what it means to be at once Jewish and participate in secular legal systems as lawyers, judges, legal thinkers, civil rights advocates, and teachers. The essays in this book trace the history and chart the sociology of the Jewish legal profession over time, revealing new stories and dimensions of this significant aspect of the American Jewish experience and at the same time exploring the impact of Jewish lawyers and law firms on American legal practice. “This superb collection reveals what an older focus on assimilation obscured. Jewish lawyers wanted to ‘make it,’ but they also wanted to make law and the legal profession different and better. These fascinating essays show how, despite considerable obstacles, they succeeded.” — Daniel R. Ernst Professor of Law, Georgetown University Law Center Author of Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940 “This fascinating collection of essays by distinguished scholars illuminates the distinctive and intricate relationship between Jews and law. Exploring the various roles of Jewish lawyers in the United States, Germany, and Israel, they reveal how the practice of law has variously expressed, reinforced, or muted Jewish identity as lawyers demonstrated their commitments to the public interest, social justice, Jewish tradition, or personal ambition. Any student of law, lawyers, or Jewish values will be engaged by the questions asked and answered.” — Jerold S. Auerbach Professor Emeritus of History, Wellesley College Author of Unequal Justice and Rabbis and Lawyers