Ghana: capacity-building workshops for lawyers and judges

In 2004, AIDS Alert Ghana (an Accra-based NGO) commenced a series of two-day workshops to enhance the capacity of lawyers and judges to respond to HIV/AIDS. The workshops are organized by the AIDS Alert Law Project (AALP).     

Salaried lawyers and billable hours: a new perspective from the sociology of work

The work of legal professionals is changing rapidly, but the changes have not yet been thoroughly investigated from the perspective of the sociology of work. This paper draws on a research project that examined the work of solicitors in private practice in Melbourne, Australia. It uses in-depth interviews, results of secondary surveys and other data sources in order to describe the dominant working-time patterns. The evidence points to a common pattern of rigid and demanding schedules, which can be traced back to the indirect pressures exerted by the widespread system of ‘billable hours’. The paper takes up the challenge to examine the operation of this system. We argue that the billable hours system, initially just a technique for billing clients, has been transformed into a tool for measuring and controlling the work of salaried solicitors, through setting of targets, close time recording, careful monitoring, and a supple set of sanctions.     

Professionalism in higher education: important not only for lawyers

This article considers how, in light of the changing legal profession and higher education, academia could address professionalism training. The authors put forward an argument that, if professionalism is to be understood as a set of skills, values and attitudes required for any lawyer, it is now a good time to consider how these could be taught and assessed in law and non-law degrees. The formation of professional values and attitudes is a long process that continues throughout a person’s life. The earlier students are exposed to professional values, attitudes and skills, the better the quality of service these future lawyers will provide to the public. Taking into account the Legal Education and Training Review (LETR) recommendations, the article suggests some practical ways as to how professionalism could be developed in higher education.     

Maintaining professionalism: emotional labor among lawyers as client advisors

Dominant professional ideology dictates that lawyers behave professionally toward clients by using logical, rational reasoning and expression and by leaving emotion and personal feelings out of their work. However, this ideology overlooks the fact that lawyers who work in settings that feature high client contact often labor under very emotionally charged circumstances. As a result, lawyers must use emotional labor to cope with their own feelings while maintaining their professional display. Using qualitative data based on semi-structured interviews with twenty lawyers in the Midwestern United States, I show that the lawyers interviewed in this study cope with their own feelings by using emotional labor to suppress the spontaneous expression of personal feelings, while working to evoke a display of emotions that does not run afoul of traditional standards of legal professionalism. Their use of emotional labor to cope with their feelings came in four forms: expression of genuine emotion, deep acting, surface acting, and detachment. The findings suggest that despite wide scholarly discussion of alternative conceptions of professionalism, the need to expand these discussions among law students and practitioners is still pressing.     

Controversial ethical issues in forensic psychiatry: a survey

A survey was conducted of members of the Psychiatry and Behavioral Science section of the American Academy of Forensic Sciences (AAFS) to determine their ethical concerns about controversial items. Issues were included in the survey from the American Psychiatric Association (APA) and AAFS Code of Ethics. Strong support was found for those issues. Some AAPL items from a previous version of their guidelines did not receive support. Fortunately, they have been modified in a later AAPL draft, after AAPL received this survey's results. Clarification was obtained on some ambiguous items from a previous AAFS survey. The present survey showed strong support for addressing in forensic psychiatry's ethical guidelines some issues previously considered too controversial.     

Foreign lawyers practising national law: temporary counsel in small jurisdictions

Temporary licensing of foreign counsel is not necessarily limited to small jurisdictions, but it is an important, and contested, part of the legal landscape in many small jurisdictions. Small jurisdictions, with small national Bars, face particular problems concerning capacity to practise national law. As this paper shows, small national Bars may simply be running at capacity, or beyond, when a case comes along, the small size meaning a relatively small spike of demand can exhaust spare capacity. Alternatively, perhaps particularly if the national legal profession is a unified one, individual legal practitioners may experience a similar problem of capacity, with none prepared to take on a case which will dominate their working life to the detriment of other cases and other clients. On a different point, dealing with conflicts of interest within a small professional community is an ongoing problem for small jurisdictions. Finally, a small Bar may be too small to support specialist counsel with particular expertise in a particular field of national law.

This article explores the issue of temporary counsel in small jurisdictions through an in-depth case study of licensing in one small jurisdiction, that of the Isle of Man. The topic is approached through a range of methods. Doctrinal legal analysis, drawing particularly on relevant Manx statute, regulation and case-law, is supplemented by historical archival analysis; a detailed analysis of the 468 licences granted in the Isle of Man; and qualitative interviews with a selection of key actors. This study shows a pattern of acclimatisation to the licensing of foreign counsel in the Isle of Man since 1969, the juridification of the process of licensing since 1995, the development of an offshore Manx Bar, and the challenges the licensing system poses to the Manxness of Manx legal proceedings.

Moving beyond the Isle of Man, the paper argues that the national Bar of a small jurisdiction has constitutional significance, and that the impact of a substantially employed licensing scheme can be important in determining the shape of this national Bar. It concludes with a call for a comparative study of temporary counsel in small jurisdictions, taking into account the transnational legal context; and for a fuller consideration of a possible offshore offshore Bar as contributing to a continued relationship between common law jurisdictions in a post-colonial context.     

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.