English Lawyers between Market and State: The Politics of Professionalism
Richard L Abel
Abstract
In the final decade of the twentieth century the legal profession witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) and their ... More
In the final decade of the twentieth century the legal profession witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) and their associations, consumers (individual and corporate, public and private), and the state to shape the market for legal services by deploying economic, political, and rhetorical resources (including changing conceptions of professionalism). The profession had to respond to a greatly increased production of law graduates and the desire of lawyer mothers (and also fathers) to raise their families. It had to replace exclusivity with efforts to reflect the larger society (class, race, gender). The Bar needed to address challenges to its exclusive rights of audience from both solicitors and employed barristers and decide whether to retaliate by permitting direct access, thereby compromising its claim to be a consulting profession. Solicitors had to reconcile their invocation of market principles against the Bar with their resistance to corporate conveyancing and multidisciplinary practices. The government had to restrain a demand-led legal aid scheme; practitioners and their associations sought to pressure the government to expand eligibility and raise remuneration rates.
Keywords:
legal aid,
women's aspirations,
internal competition,
external competition,
legal services market,
law graduates,
Bar,
rights of audience,
corporate conveyancing,
multidisciplinary practices,
legal aid eligibility,
remuneration
Bibliographic Information
| Print publication date: 2004 |
Print ISBN-13: 9780198260349 |
| Published to Oxford Scholarship Online: March 2012 |
DOI:10.1093/acprof:oso/9780198260349.001.0001 |