英国二元化律师制度的近期发展与融合之争

英国实行独特的二元化律师制度,事务律师与出庭律师共同为社会提供法律服务,但二者在执业资格取得、出庭权、行业组织、晋升法官的机会等方面有着传统区分。自二十世纪六十年代末期以来,政府开始介入一直自律发展的律师业,制定和推行了一系列打破传统分界的立法与改革举措,由此引发了人们关于律师业是否应当融合以及最终能否融合的争议。或许是否融合只是表面现象,律师分立的传统行业规则带来的弊端才是促使政府推行改革的真正动力。     

CONSULTANT CONDUCT IN ANTICIPATION OF A CHILD CUSTODY EVALUATION: ETHICAL AND SOCIAL DILEMMAS AND THE NEED FOR NEUTRAL PARENT EDUCATION

Mental health professionals are being retained with increasing frequency as “custody consultants” to prepare a parent for a child custody evaluation. While this practice may serve a legitimate function, no ethical guidelines clearly govern the conduct of a consultant in such circumstances. This lack of guidance has led to professional disagreement regarding the ethical implications of the practice. This ethical ambiguity is accompanied by social concern regarding the high cost of custody consulting, which has the practical effect of denying consulting services to low‐income or self‐represented litigants. This Note will describe the growing practice of custody consulting and the ethical and social unease currently associated with the practice. This Note will then propose that mandatory parent education programs be developed for parents preparing to undergo a custody evaluation. This type of educational program would provide many of the benefits of custody consulting in an ethically neutral fashion and would ensure that all parents have access to the benefits of this growing practice.     

Globalisation of Commodification: Legal Process Outsourcing and Indian Lawyers

Legal process outsourcing (LPO) refers to the contracting of legal work from regions where it is costly to perform, such as the US to areas where it can be performed at a significantly decreased cost. LPO has been made possible by the disaggregation of the legal processes into discrete units, each of which can then outsourced to cheaper service providers. Anecdotal evidence suggests a variety of benefits such as financial gains, opportunities to perform “global” work in a corporate atmosphere and acquisition of important skills and training that enhances the prestige of the host country lawyers. In India, which has played a significant role, LPO firms are viewed as important catalysts in the transformation of the country’s highly stratified legal profession based on social identities. This qualitative study, based on 38 interviews, concludes that the corporate culture was an attractive proposition for lawyers from non-elite backgrounds; however, the commodification of offshored work led to a deprofessionalisation of lawyers, reducing them to “glorified clerks.” As a result, LPO firms only provided parallel avenues for career mobility but did not destabilise the local legal market which at its core remains socially networked.     

The British Regulatory State under the Coalition Government: Volatile Stability Continued

What have been the effects of coalition government on the British regulatory state? This article argues that the politics of regulation have been largely about a continuation of existing patterns, namely volatile stability rather than more far‐reaching change. The British regulatory state continues to be defined by boundary conflicts between the world of ‘politics’ and ‘regulation’, by conflicting calls for centralisation and decentralised autonomy, and by tensions between the wish to ‘reduce’ regulation and the realisation of inherent complexities.     

The economics of notaries

In civil law legal systems, notaries fulfill two crucial roles, acting as both law enforcers and court officers, and as facilitators and enforcers of private transactions. In these countries, notaries achieve economies of scope by simultaneously providing private and public services and substituting both parties' lawyers. This arrangement is subject, however, to serious conflicts of interest that could prejudice the provision of public services that have attributes of externalities, as well as the notary's independence from all parties to the transaction. This paper shows how this notary system may be efficient in this context. Focusing on Spanish notaries, it analyzes the legal and economic nature of the services, the incentives that control their provision, and the cost in terms of competitive restraints that could be generated by the organizational patterns making up such incentives. Supporting empirical evidence is also provided.