Equal investments,different rewards: gender inequalities among Israeli lawyers

purpose of this paper is to examine empirically whether women in the legal profession in Israel experience discrimination in terms of earnings and career opportunities. The contribution of this study is threefold. On the theoretical level, we added psychological capital and career expectations to the commonly used variables. Second, we focused on an immigrant country in transition towards Westernization that presents an interesting mix of legal equality and traditional family values. Third, our analyses are based on a national mail survey of full-time lawyers in Israel.

The findings of this study show that male lawyers are rewarded better than female lawyers for the number of hours worked per week as well as for their married status. We also found that female lawyers who expected more regarding economic reward earn less, while no relationship was found for male lawyers. Furthermore, the likelihood to attain partnership is much lower for female than for male lawyers after controlling for all relevant variables. The results indicate existence of discrimination.     

The Stalking of Lawyers: A Survey Amongst Professionals in Milan

This is the first study focused on the stalking of lawyers. The authors hypothesized that these professionals are at risk of being stalked by their clients and that this stalking is ascribable to RECON type I.B. A random sample of lawyers was survived. 37.3% of 166 respondents revealed to have been stalked: not only by clients, but also by adversaries and colleagues. Data seem to confirm that the stalking of lawyers mainly belongs to RECON type I.B. Female lawyers were at greater risk than male lawyers. In family law cases, the professionals tended to be stalked by the former husbands of the lawyers' clients (p < 0.01). Several female lawyers—but no male lawyers—were threatened with harm to their family members (p < 0.05). Most of the stalking victims described psychological effects of being stalked. Who suffered physical aggression or repercussions on work was more likely to lodge a complaint (p < 0.01).     

Teaching law in Scotland

ABSTRACT

The theory of threshold concepts has become a popular way to describe the difficulties students face when trying to grasp fundamental ideas in a discipline. In law authors have suggested a range of concepts as thresholds. However these suggestions conflict with each other, and have not emphasised the way in which students repeatedly encounter such thresholds. Using variation theory and the concept of knowledge capability this article suggests that the Threshold Capability Integrated Theoretical Framework may be a way to resolve those differences and to highlight the ongoing nature of liminality in becoming a professional. Students may grasp initial threshold concepts early in a degree or subject, develop the ability to manipulate and use them in a variety of settings towards the end of the degree, and develop a lifelong professional ability to use them in diverse settings after graduation. Law students, lawyers and indeed law teachers may be best seen as in a constant state of learning. The uncertainty that goes with that learning is to be embraced, and encouraged as part of the way we teach law.     

Criminal defendants' satisfaction with lawyers: perceptions of procedural fairness and effort of the lawyer

At present, procedural justice theory has predominantly been used to explain defendants' satisfaction with the police, courts and prisons. It is unclear to what extent this theory is also applicable to lawyers. This study investigates to what extent (1) criminal defendants are satisfied with their lawyers and (2) procedural fairness characteristics and the effort of the lawyer are related to defendants' satisfaction with their lawyers. Data from the Prison Project were used: a large-scale research project among Dutch criminal defendants (N = 1479). Results suggest that generally, Dutch defendants are very satisfied with their lawyers. Variation in defendants' satisfaction with their lawyers can be attributed for a substantial part to procedural fairness characteristics.     

Conceptions of Agency in Social Movement Scholarship: Mack on African American Civil Rights Lawyers

This essay examines the theory of individual agency that propels the central thesis in Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer (2012)—namely, that an important yet understudied means by which African American civil rights lawyers changed conceptions of race through their work was through their very performance of the professional role of lawyer. Mack shows that this performance was inevitably fraught with tension and contradiction because African American lawyers were called upon to act both as exemplary representatives of their race and as performers of a professional role that traditionally had been reserved for whites only. Mack focuses especially on the tensions of this role in courtrooms, where African American lawyers were necessarily called upon to act as the equals of white judges, opposing counsel, and witnesses. Mack's thesis, focused on the contradictions and tensions embodied in the performance of a racially loaded identity, reflects the influence of postmodern identity performance theory as articulated by Judith Butler and others. Mack and others belong to a new generation of civil rights history scholars who are asking new questions about contested identities related to race, gender, sexuality, and class. This essay offers an evaluation of this new direction for civil rights scholarship, focusing especially on its implicit normative orientation and what it contributes to the decade‐old debate over how to conceive of agency in social movement scholarship.     

The Ethical Health Lawyer: An Empirical Assessment of Moral Decision Making

Writing in 1999, legal ethics scholar Brad Wendel noted that "[v]ery little empirical work has been done on the moral decision making of lawyers." Indeed, since the mid-1990s, few empirical studies have attempted to explore how attorneys deliberate about ethical dilemmas they encounter in their practice. Moreover, while past research has explored some of the ethical issues confronting lawyers practicing in certain specific areas of practice, no published data exists probing the moral mind of health care lawyers. As signaled by the creation of a regular column "devoted to ethical issues arising in the practice of health law" in the Journal of Law, Medicine & Ethics , the time to address the empirical gap in the professional ethics literature is now. Accordingly, this article presents data collected from 120 health care lawyers. Presenting this population with a number of hypothetical scenarios relating to how they would respond when confronting an ethical dilemma without an obvious solution or when facing a situation in which their personal values were in tension with their professional obligations, this article represents a first step toward better understanding how lawyers who practice in health care settings understand and resolve the moral discomfort they encounter in their professional lives.     

Tacticians,Stewards, and Professionals: The Politics of Publishing Select Committee Legal Advice

At Westminster, there are increasing pressures on select committees to publish in‐house legal advice. We suggest that examining the process of deciding to publish provides useful insights into the provision, reception, and use of legal advice, and the dynamics of select committees generally. We argue that the autonomy of select committees to decide what use they make of evidence and advice they receive is, in practice, constrained by the intra‐institutional dynamics and practices of select committees. Committee actors – parliamentarians, clerks, and parliamentary lawyers – each have overlapping, sometimes competing, roles. Most of the time, these roles and the responsibilities they encompass coincide, but the prospect of publication reveals clear tensions between the different actors. This is the politics of publication: the tactical approach of politicians is in tension with the stewardship of clerks and the professional norms of parliamentary lawyers. We suggest this tension will only increase in the near future.     

“He did everything he possibly could for me”: medical malpractice claimants’ experiences of lawyer–client relations

Lawyers are obliged to act in the interests of their clients, however, it is not clear how lawyers should do this in practice. Should lawyers follow their clients' instructions without deviation, should they actively manage their clients' expectations, or as many studies suggest, do lawyers place their own interests first? This paper examines how lawyers interact with medical malpractice claimants. It reveals that lawyers take a client-aligned approach, where lawyers acknowledge their client's goals, but do not necessarily do what the client says. We argue that this approach is made necessary by legal and organisational constraints which limit the ability of lawyers to produce the types of outcomes that their clients want.     

The Practice of Law With LGBT‐Parent Families

In this article, I examine how a history of legal conflict has produced a constantly evolving professional identity for lawyers representing lesbian/gay/bisexual/transgender (LGBT) clients on family matters. Drawing on in‐depth interviews with 21 lawyers, I describe variation across areas of specialization, advertising, clientele, and access to professional networks. In addition, I focus on how sociopolitical and legal context shapes professional identity and practice for these lawyers, demonstrating the importance of practice location for this group of lawyers. Although interviews were conducted prior to national marriage recognition, these findings provide insight into the future development of the LGBT family law profession post‐Obergefell.     

Contemporary criminal defence practice: importance of active involvement at the investigative stage and related training requirements

ABSTRACT

The shifting focus of criminal proceedings from the trial to the pre-trial stages leads to a changing role of criminal defence practitioners across Europe. European criminal defence lawyers are now expected to enter the proceedings earlier and exercise “active” and “participatory” defence as early as the investigative stage. Criminal lawyers, trained in the traditional trial-centred paradigm, are ill-prepared for this role, which results in an important skills gap. Legal representation at the investigative stage presents unique challenges, such as shortage of information, time pressures and the closed nature of pre-trial proceedings. It requires lawyers to operate in a more complex communication environment, than the one to which they have been accustomed. This article sets out the main elements of a professional training programme aiming to fill in the emerging skills gap. The training programme (SUPRALAT) was successfully implemented in Belgium, Hungary, Ireland and the Netherlands, and is being expanded further. The training focuses on effective communication skills, experiential learning and the development of reflective skills. It includes elements of interprofessional training and encourages the development of “communities of practice”.     

Lawyers about Mixed Tribunals: Do Croatian Professional Judges, State Attorneys, and Private Attorneys Share the Same View?

In this paper, I examine opinions about mixed tribunals, a form of lay participation used widely in the criminal justice systems across Europe. The distinguishing feature of mixed tribunals is the fact that professional and lay judges decide the guilt and sentence jointly. I explore the differences of opinion among lawyers about mixed tribunals in general and about lay judges in particular. Using the theoretical underpinnings of status characteristics theory, I study the impact of the lawyers' role in the criminal justice system and the type of court/office at which they serve or practice law on their opinion about mixed tribunals. The dataset I analyze in this paper consists of questionnaires filled out by Croatian professional judges, state attorneys, and private attorneys.     

Parental-leave policy for male lawyers in Helsinki and Montreal: cultural and professional barriers to male lawyers’ use of paternity and parental leaves

Family policies in Finland and French Canada (Québec) include fathers’ rights to paternity and parental leaves, which have resulted in more fathers using parental leave. Yet this policy has a limited outreach to male-dominated professions, including the legal profession. In this article, we examine attitudes to paternity and parental leaves among male lawyers and the motives behind their decisions to use or not use them. We approach the issue from the perspective of the legal profession’s professional ethos, which impacts lawyers’ attitudes and practices regarding work-life balance. In our analysis, we draw on 20 Finnish and 18 Quebecois interviews with current and former male lawyers from private law practices in two urban civil-law contexts: Helsinki, Finland and Montreal, Canada. The findings indicate that, in traditionally male-dominated professions, it is not enough to provide men with a statutory right to paternity and parental leave. There is also a need for organisational solutions and peer encouragement in the work environment so that men feel comfortable taking leave.     

Cause Lawyers,Political Violence,and Professionalism in Conflict

This article examines how cause lawyers in conflicted and authoritarian societies balance their professional responsibilities as lawyers with their commitment to a political cause. It is drawn from extensive interviews with both lawyers and political activists in a range of societies. It focuses on the challenges for lawyers in managing relations with violent politically‐motivated clients and their movements. Using the notion of ‘legitimation work', it seeks to examine the complex, fluid, and contingent understandings of legal professionalism that is developed in such contexts, offering three overlapping ‘ideal types’ of cause lawyers in order to better understand the meaning of legal professionalism in such sites: (a) struggle lawyers (b) human rights activists and (c) a ‘pragmatic moral community'. The article concludes by re‐examining how law is imagined in the legitimation work of cause lawyers in such settings and how that work is remembered in the transition from violence.     

The Way in Which Fee Reductions Influence Legal Aid Criminal Defence Lawyer Work: Insights from a Qualitative Study

This article examines how fee reductions influence criminal defence lawyers’ work. Data from 29 qualitative interviews with English defence solicitors and barristers are analysed in order to understand the way in which cuts to fees paid by government for criminal legal aid work can operate to influence criminal defence lawyers’ working practices. I use game theory and Bourdieu's concepts of habitus and field to build a theoretical construct illustrating the invidious position current financial conditions place criminal legal aid lawyers in. I argue that these conditions reward and encourage perceived poor practices and values to thrive at the expense of other concerns – such as the conviction of the guilty, acquittal of the innocent, fair treatment of both victims and defendants, and value for the taxpayer. Ultimately, I argue that criminal legal aid lawyers are set up to fail by the current financial conditions within which they must work.     

Should lawyers listen to philosophers about legal ethics?

In the recent spate of philosophers' writing on legal ethics, most contend that lawyers' professional role exposes them to great risk of moral wrongdoing; and some even conclude that the role's demands inevitably corrupt lawyers' characters. In assessing their arguments, I take up three questions: (1) whether philosophers' training and experience give them authority to scold lawyers; (2) whether anything substantive has emerged in the scolding that lawyers are morally bound to take to heart; and (3) whether lawyers ought to defer to philosophers' claims about moral principle. I return a negative answer to each.Excerpts from a earlier draft have appeared in A. Kaufman, Problems in Professional Responsibility, (Boston: Little, Brown, 3rd ed. 1989) pp. 758–65. Thanks are owed to Steve Munzer and to Andy Kaufman for their encouragement and advice.     

Tunisia's “Revolutionary” Lawyers: From Professional Autonomy to Political Mobilization

On January 14, 2011, after twenty‐three years in power and one month of popular protest demanding his resignation, President Ben Ali fled Tunisia. Lawyers, wearing their official robes, had marched frequently in the uprising's demonstrations. By engaging with and supporting the uprising, lawyers—both the profession in general and the bar's leadership—gained considerable symbolic influence over the post‐uprising government that replaced Ben Ali's regime. This article outlines the various forms of political lawyering undertaken by Tunisian lawyers and their professional associations from Tunisia's independence to post‐uprising transitions. We demonstrate that economic concerns, professional objectives, and civic professionalism contributed to the collective action of Tunisian lawyers before and after the uprising. Tunisian lawyers moved beyond the realm of their profession to adopt a role as overseers of the post‐uprising government.     

Should we trust the gatekeepers?: Auditors’ and lawyers’ liability for clients’ misconduct

Many corporate scandals of the past years (Enron, Worldcom) have made apparent the essential role of professional service providers, such as auditors, corporate lawyers, and securities analysts, in detecting and revealing corporate misconduct on the part of their clients [Coffee, J., Jr. (2006). Gatekeepers. The role of the professions in corporate governance. Oxford University Press]. Political and legal responses in the aftermath of those scandals have increased the level of regulatory intervention upon auditors and lawyers. For instance, several measures were introduced in the Sarbanes–Oxley Act of 2002, and were recommended by the European Commission.The imposition of duties of care and reporting on gatekeepers, conditional on their having observed an underlying wrongdoing or misconduct of their clients, is, however, more complicated at a theoretical level than believed by policymakers and commentators. Using framework similar to the one we have recently employed to analyze heterogeneous victims in terms of their costs of care [Ganuza, J., & Gomez, F. (2005). Caution, children crossing! Heterogeneity of victim's cost of care and the negligence rule [article 3], Review of Law and Economics, 1], we model the interaction as one in which the gatekeeper observes the state of the world affecting misconduct with a given probability, and Courts or regulators imposing duties or liabilities are unable to verify whether, in fact, misconduct had or not been observed by the lawyer or auditor. The wrongdoing by the client, however, is ex post costlessly verifiable by the Courts or regulators. Information on wrongdoing is thus verifiable but hideable. In this setting, we show that general (albeit maybe increased) standards of professional behavior by auditors or lawyers may well be sufficient as incentives. If those standards can be adequately set by Courts or regulators, in anticipation of the opportunities for strategic behavior derived from the imperfect observation and the unverifiability of actual observation, legal rules do not need to rely on more complex policies of trust or distrust towards the statements, or on the proofs, provided by the gatekeepers, concerning the actual observation of clients’ misbehavior. The implications of the model tend to imply that the distinction between voluntary violation (scienter) of duties, and mere negligence, contrary to existing Law, is not very useful in this context.     

Women's Defences

ABSTRACT

This paper examines theoretical and practical problems surrounding the use of women's defences such as Battered Woman's Syndrome, Premenstrual Syndrome and Postpartum Depression. A framework for deconstructing women's defences which exposes power relationships preserved by legal discourse is offered. The central argument presented is that a contextual examination which links practice to theory reveals that women's defences are not necessarily harmful to women, but that specific feminist strategies must be developed to ensure that such defences do not replicate existing power-knowledge dynamics within legal discourse.     

Lawyers' lives,lawyers' incomes

Women lawyers, like women generally, earn less money than men for comparable work. This unfortunate conclusion has been reached by many scholars in North America, Europe, Australia and New Zealand.² Frequently the explanations originate in the structure and culture of large law firms. Allan Lind and one of the present authors (Felstiner) collected data on a different segment of the American profession, lawyers who are consulted by individuals, generally practicing on their own or in small firms. This paper presents a picture of the professional lives of these lawyers and information about the connections between income and gender in this generally disregarded sector of the profession (but see Sarat & Felstiner, 1995; Seron, 1996; Van Hoy, 1997; Mather et al., 2001; Levin, 2004).     

Investigating the determinants of pretrial settlement rates: contingent versus non-contingent lawyers’ fees

In this article, we explore the possibility that the percentage of litigations settled outside of court is affected by the degree of contingency of lawyers’ fees. In our view, a litigation is a game where not only the plaintiff and the defendant, but also their lawyers are independent players. The main consequence of this assumption is that the authority to settle is allocated endogenously to either the clients or their lawyers, depending on the value of the relevant parameters. In this game theoretical setup, (1) we compare the incentives to settle provided by contingent and non-contingent lawyers’ fees, and (2) we state the conditions under which settlement is more likely to happen.