BOOK REVIEW: GLASS HALF FULL, The Decline and Rebirth of the Legal Profession, by Benjamin H. Barton Given the title of the Professor Benjamin H. Barton’s densely written, statistics laden, and challenging book addressing the history and future of the legal profession in the United States, one would suppose that lawyers would find the overall tenor of the book to be positive and encouraging. One would be wrong. For many lawyers, reading Barton’s book will be as disturbing as reading one’s own autopsy report because it is essentially a forensic study of the death of the legal profession as we know it. But, like a good medical examiner, Barton expertly examines the corpse of the legal profession and prepares a precisely written report of …show more content…
But there is some good news for Big Law. Corporations are immune to sticker shock when it comes to “bet-the-company” transactions and litigation, and will pay top dollar for such highly specialized legal work requiring the best legal talent. According to Barton, “[t]his is consistent with the winner-take-all economy: the most profitable firms and most in-demand lawyers get richer doing truly specialized work, and everyone else falls back toward the pack.” [page 3]. “Death from below” is manifested by low level, bespoke legal services, such as preparation of wills and incorporation documents, which have traditionally been done by solo practitioners and small firms, are now being offered by LegalZoom, Rocket Lawyer and other online providers. Thus far, in-court litigation appears safe from the brave new world of computerization. But Barton points out that Turbo Tax-like online programs are accessible online (e.g. in Tennessee) that will allow pro se litigants seeking an uncontested divorce to generate the required pleadings that can be filed with the district clerk’s office. And there is movement to do an end run around the judicial court system entirely and have disputes resolved through various online forums such as Modria, Cybersettle and other online dispute resolution systems. “Death from the State” comes from the various tort reforms enacted through state and federal legislation. The “first wave of tort reform”
Did you know that at present, there is only one lawyer for every 247 Americans in the Unites States? A lawyer is “a person trained in the legal profession who acts for and advises clients or pleads in court” (Webster’s Dictionary and Thesaurus). According to about careers, there are many different types of lawyers, among the top five highest paying legal professionals around the globe are trial lawyers. The first lawyers, also known as the “Gilded Lawyers” arranged the United Auto Workers (UAW) and the Congress of Industrial Organizations (CIO) in the early 1930s (“National Lawyers Guild). The actions the Gilded Lawyers made gave them useful experience for defending the rights given to us by the First Amendment and suffused the work of the business in later years. Today, trial lawyers must meet specific job requirements and qualifications such as working under stressful conditions for long periods of time, making a profitable salary, and keeping up with the ever changing future needs for the career.
Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY:
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an
The scary concept that courts are for sale can be no better illustrated than in author John Grisham’s 2008 novel, The Appeal. In the novel, litigants in the State of Mississippi were battling in Court against Krane Chemical Company, a large New York Corporation. Krane had managed their company located in Mississippi in such a negligent and careless manner until cancer-causing agents seeped into the drinking water sources; this caused many innocent people to
The National Center for State Courts reports that our perceptions of civil litigation are problematically distorted, even though “high-value tort and commercial contract disputes are the predominant focus of contemporary debates.” High-value tort cases make up
The legal profession far precedes the conclusion of the United States Revolutionary War, but the role that the field plays today does not mirror the same discipline of the founders, specifically in regards to women. The first female attorney, named Arabella Babb, began practicing in 1869. Since then, the legal profession has been consistently evolving in diversity, however, as of 2015 women only made up 35% of the bar registered attorneys according to the American Bar Association. The advancement of women in the legal field closely emulated that of other women’s rights movements. There were surges and shrinkages with some outstanding exceptions along the way, but regardless, the overall trend shows an improvement for women. Analyzing this data demonstrates the possibility of a continued trend for women in the law. History and present circumstances would indicate that the role of female attorneys will be predominant and advanced as time continues to pass.
Compare and contrast the role and function of judges, lawyers and lay people within the English courts (M1)
David Chambers, a law professor at the University of Michigan Law School, argues that procedural and substantive defects inherent to survey data make it an unreliable method for measuring lawyer dissatisfaction. First, most lawyers only place themselves above the midpoint on a satisfaction scale, which is barely more positive than negative. Second, surveys are conducted at a specific time and place, and therefore do not give a complete analysis of satisfaction. Last is the fact that many lawyers do not respond to surveys; and this is likely to be the most true among lawyers that are the least satisfied. As a result, the deference given to positive claims about lawyer satisfaction are not grounded in reliable evidence.
Popular culture has a complex relationship to the legal field. “Works of popular culture often illuminate what real people actually do and believe” (Asimow & Mader, p. 7). Similarly, the works of popular legal culture reflect what people generally believe about the legal field. “Pop culture producers always distort reality, including the operation of the legal system, for dramatic, commercial, or ideological purposes” (p. 8). Therefore, popular culture may not be a perfect reflection of legal education as it is open to bias based on personal ideaologies. Irregardless, popular culture can tell us a lot about legal education. Law schools have been depicted in The Paper Chase as well as in several other movies and television series including Legally
Since the fourth grade, I have been drawn toward a career as an attorney, though I never truly understood what fascinated me about it. The TV is plastered with stories of people from all backgrounds who have been exploited at the hands of our judicial system. As I have witnessed the injustices in our country unfold, I now know why it is important for me to pursue my dreams.
The case in favour of diversity within the legal profession is incredibly strong. As Robert J. Grey JR, a partner at law firm Hunton & Williams argues, “diversity is a critical element of our society” . The reasoning for this has been illustrated in a blog post published by ‘Aspiring Solicitors’. It states how “diversity in the legal profession plays a very important role in regard to formulating new approaches and tactics”. This suggests that by bringing individuals together from different backgrounds and with diverse views, it could lead to more innovative ways of thinking. As a result, it may
Competing factors of legalism as professional responsibility being a branch of law versus social ethics
The standard way of thinking about lawyers has it that lawyers are extraordinary individuals who for one thing they have to take the the Law School Admission Test (LSAT) as a prerequisite for admission consideration to any accredited law school, lastly after three years in law school they must pass the 6 hour long Bar Exam in the state which they desire to be licensed. In recent discussions of the Bar Exam, one controversial issue has been that this standardized test might not be the best predictor of a student's intelligence and law litigating performance. On the one hand, opposers of the Bar Exam argue the Exam is a useful tool that can test the knowledge of the test taker about difficult law terms, thus indicating that the bar exam will
‘What kind of lawyer do I want to be’ is a very wide question open to a whole range of interpretations. Choosing to study Law at university almost certainly means becoming either a barrister or a solicitor will be the route to follow, but this choice as well as deciding whether to practice civil or criminal law is one which requires substantial thought. Having carried out work experience at my local Crown Court, and visited the Exeter Crown Court, it has impacted how I see my future. Additionally, my independent research coupled with seminar tasks in negotiation and advocacy have also helped to shape my decision. These experiences have brought to my attention a range of ethical concerns within the courtroom, however there are two issues in particular that have stood out. The first being cross-examination of vulnerable witnesses and defendants, for example, the elderly, rape victims, and children, and the second issue being legal aid and its impact. Learning about legal aid within the legal foundations course has opened my eyes to the struggle of the ‘ordinary person’ unable to obtain legal advice, and the significant, increasing divide between city firms advising corporate clients and the ‘high street firm’ advising the everyday citizen. Both of these issues have impacted on how I see my future as a lawyer.
The legal profession has been around for a long time, as it is one of the oldest information professions . The service it provides is essential, as it