The Making of the English Legal Profession

Front Cover
Beard Books, 1998 - Law - 576 pages
Analyzes barristers and solicitors as a legal profession in England and Wales.
 

Contents

Theories of the professions
3
Marxist theories of professions in the class structure
21
The plan of this book
30
Limiting entry
37
Pupillage
53
The composition of the Bar
73
Controlling production by producers
86
The structures of production
101
Financial misconduct
257
The growth of academic institutions
263
Law students
270
The trajectories of professionalism
285
Restricting competition
293
Reconstructing the professional community
302
Entry
310
Composition
347

The work of the Bar
114
The circuits
126
Controlling supply
139
Examinations
156
The sociography of solicitors
169
Other jurisdictional boundaries
185
Firm size
199
Solicitors employed in commerce and industry
213
Demand creation through public subsidy
226
Solicitor income
235
Governance and selfregulation
242
Discipline
248
Structures of practice
354
Work and income
364
Discipline
376
Entry
386
Composition
415
Work and income
435
Governance and regulation
444
References
507
The legal profession in England and Wales
520
Serials and annual reports
536
Copyright

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Page 12 - When we hear from all sides the demand for an introduction of regular curricula and special examinations, the reason behind it is, of course, not a suddenly awakened 'thirst for education' but the desire for restricting the supply for these positions and their monopolization by the owners of educational certificates. Today, the 'examination' is the universal means of this monopolization, and therefore examinations irresistibly advance.
Page 6 - The professional complex, though obviously still incomplete in its development, has already become the most important single component in the structure of modern societies. It has displaced first the 'state', in the relatively early modern sense of that term, and, more recently, the 'capitalistic
Page 19 - ... audience the members of which have purchased tickets, and a party rally to which the largest possible number has been urged to come; similarly, from a church service open to the general public through the rituals of a limited sect to the mysteries of a secret cult. 3. Similarly, closure within the group as between the members themselves and in their relations with each other may also assume the most varied forms. Thus a caste, a guild, or a group of stock exchange brokers, which is closed to...
Page 6 - ... period of education and training ... but also practical experience and continuing study of developments in theory and practice. . . Admission ... is dependent upon a period of theoretical and practical training in the course of which it is necessary to pass examinations and tests of competence. [A] measure of self-regulation so that it may require its members to observe higher standards than could be successfully imposed from without. A professional person's first and particular responsibility...
Page 26 - His function in relation to clients is by no means only to "give them what they want" but often to resist their pressures and get them to realize some of the hard facts of their situations, not only with reference to what they can, even with clever legal help, expect to "get away with" but with reference to what the law will permit them to do.
Page 6 - state," in the relatively early modern sense of that term, and, more recently, the "capitalistic" organization of the economy. The massive emergence of the professional complex, not the special status of capitalistic or socialistic modes of organization, is the crucial structural development in the twentieth-century society.
Page 23 - ... its importance for class formation to the institution of property. Both entail the use of exclusionary rules that confer benefits and privileges on the few through denying access to the many, rules that are enshrined in law and upheld by the coercive authority of the state. It follows from this that the dominant class under modern capitalism can be thought of as comprising those who possess or control productive capital and those who possess a legal monopoly of professional services.
Page 13 - ... fraction of the individual practitioner's working day - less than a half hour a day, on the average. And only 6 respondents specifically mentioned engaging in any legal research. Interviewer: Do you spend any time reading legal material? Respondent: I'm ashamed to tell you, not even an hour a week. You can say I get by on cursory knowledge of the law. But it's mostly the same thing, not just bluffing. Interviewer: Do you spend any time preparing legal documents? Respondent: Zero. Well, pleadings,...

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