Conceptualising legal culture and lawyering stress

Recent evidence of the prevalence of stress and mental health issues among Australian lawyers has led to calls for legal culture to be changed to promote a better work–life balance and wellbeing for practitioners. Yet three decades of empirical studies in North America have shown consistently high levels of job satisfaction among lawyers. This paper investigates the role of legal culture in sustaining the paradox of satisfied lawyers under working conditions that may be conducive to stress. Drawing on Bourdieu's theory of practice and the literature on work stress, the paper conceptualises the relationships between the demand of legal work, the culture of legal practice, and lawyering stress. It concludes with a discussion of the implications of this kind of analysis for reforming the legal profession. In spite of the difficulty of cultural change, the paper argues that as consciousness is raised and the field changes, alternative models of practice will need to emerge, so that lawyering stress may become a mechanism for change not reproduction.     

Cherry-Picking Records in Independent Medical Examinations: Strategies for Intervention to Mitigate a Legal and Ethical Imbroglio

Independent medical examinations (IMEs) theoretically construe a means of “independently” assessing a claimant’s physical and psychological status, as well as to determine whether treatment that has been and will potentially be provided is reasonable and necessary. IMEs may be undertaken both for the plaintiff and defense or related adversaries. In the present case, we focus on IMEs that are requested by insurers. One can query the degree to which IMEs are actually “independent.” It has been posited that one of the ways in which claims managers contribute to potential bias against claimants is through a process of selectively providing examiners with medical records, which has been described as “cherry-picking.” Despite the existence of rules and laws that are designed to prevent cherry-picking, the practice still occurs. This analysis discusses the legal as well as ethical implications of cherry-picking and its potential to cause or exacerbate psychological injury that a claimant may experience. The authors propose that psychologists as well as attorneys can advocate for their vulnerable patients/clients in cases of cherry-picking. A recent case study from the clinical practice of the first author in which he so acted is provided. We conclude with a discussion of the ethical implications of the psychologist’s intervention.     

The future of crime data

Criminology lacks sufficient data for many types of crime that are of great concern to society. This lack of data poses significant problems for determining whether resources are adequate for responding to these crimes or whether programmatic, legislative, or target-hardening efforts to prevent or reduce their occurrence are effective. Inadequate data about crime also produces a selective and incomplete narrative about crime that makes it easier for political and vested interests to exploit public concerns about crime for their own ends. In this address, I discuss what is needed to resolve these gaps and the ways in which criminologists can support a significant expansion of the crime data infrastructure. Such work is necessary to help ensure the future relevance of criminological research.     

Beveridge at Eighty: Learning the Right Lessons

The eightieth anniversary of the Beveridge inquiry is a timely moment to consider how the landmark report is used within contemporary UK politics. Calls for a ‘new Beveridge’ reflect a desire for a rupture with the past and the creation of a radical new welfare consensus. But this reflects a misunderstanding: Beveridge's approach was organic in nature, building on decades of experimentation, politically contested rather than consensual, and intellectually pluralist rather than moored to a single ideological worldview. The real insight Beveridge offers us today flows not from his substantive agenda—which was rooted in a particular set of historic circumstances—but as an approach to securing social reform. Successful welfare advances over the last generation have drawn on these ‘Beveridgean instincts’. Rather than calling for a new twenty-first century blueprint to be handed down from above, reformers should build on experimentation and successful incremental change, from within the UK and abroad.     

The development and pilot testing of a family treatment court best practices assessment: The model standards implementation scale

In 2019, the family treatment court (FTC) best practice standards (the Standards) were published to clarify attributes of FTC programs associated with superior child, parent, and family outcomes. The Standards cover the breadth of FTC operations including program structure and leadership, substance use treatment and complementary services, and behavioral responses to participants. This study aimed to develop an instrument (the Model Standards Implementation Scale; “MSIS”) that stakeholders can use to assess implementation of the Standards by individual FTCs. The MSIS balances usability with scientific validity. Interrater reliability (IRR), internal consistency, and several types of validity were assessed. Results indicated moderate to strong IRR, high internal consistency, mixed known groups validity depending on Standard, and high convergent and divergent validity. Initial findings suggest good validity and usability of the MSIS for evaluating FTC Standards' implementation. Notably, the process of using the tool functioned to educate FTC team members on the Standards. Although implementation of the MSIS is a resource-intensive process, the opportunity to receive constructive feedback proved to be an effective incentive for initial and subsequent participation in the evaluation among FTCs. Future research is needed to examine predictive validity, including association between Standards' implementation and family outcomes in FTCs.     

The discursive reconstruction of poor electoral performance: the British Trotskyist left and the 2010 General Election

This paper is situated within the rhetorical turn in political science and investigates the discourses constructed by Trotskyist parties in order to justify the policy of electoral participation despite poor electoral performance. A wide range of texts are examined from eight organizations that contested seats in the 2010 UK General Election. The thrust of Trotskyist discourse downplayed dismal vote totals, contextualizing them by reference to pro-Labour tactical voting and elaborating a variety of benefits that emerged from electoral participation. It is argued that such analysis could usefully be incorporated into the study of party responses to electoral problems and setbacks.     

See No Evil,Hear No Evil? Assessing Corruption Risk Perceptions and Strategies of Victorian Public Bodies

This paper critically examines qualitative survey data from 36 Victorian public sector bodies on their perceptions of corruption risks, and strategies to mitigate these risks, as well as the integrity mechanisms in place. The findings indicate that even though corruption does not seem to be prevalent in these bodies it is not on their radar either, though fraud prevention was significantly present. The paper identifies international best practices of integrity management and inculcation of public service ethos in developed countries, and stresses three vital elements or pillars that combine both the ‘values’ and ‘compliance’ based approaches. These pillars are as follows: (1) specific corruption prevention programs and strategies that are additional to but complement existing anti‐fraud programs; (2) targeted anti‐corruption training, both for employees and for the public; and (3) effective leadership engagement and commitment to an ethical culture (Tone at the Top).