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American Lawyers / Edition 1
     

American Lawyers / Edition 1

by Richard L. Abel
 

ISBN-10: 0195072634

ISBN-13: 9780195072631

Pub. Date: 01/28/2000

Publisher: Oxford University Press, USA

This detailed portrait of American lawyers traces their efforts to professionalize during the last 100 years by erecting barriers to control the quality and quantity of entrants. Abel describes the rise and fall of restrictive practices that dampened competition among lawyers and with outsiders. He shows how lawyers simultaneously sought to increase access to

Overview

This detailed portrait of American lawyers traces their efforts to professionalize during the last 100 years by erecting barriers to control the quality and quantity of entrants. Abel describes the rise and fall of restrictive practices that dampened competition among lawyers and with outsiders. He shows how lawyers simultaneously sought to increase access to justice while stimulating demand for services, and their efforts to regulate themselves while forestalling external control. Data on income and status illuminate the success of these efforts. Charting the dramatic transformation of the profession over the last two decades, Abel documents the growing number and importance of lawyers employed outside private practice (in business and government, as judges and teachers) and the displacement of corporate clients they serve. Noting the complexity of matching ever more diverse entrants with more stratified roles, he depicts the mechanism that law schools and employers have created to allocate graduates to jobs and socialize them within their new environments. Abel concludes with critical reflections on possible and desirable futures for the legal profession.

Product Details

ISBN-13:
9780195072631
Publisher:
Oxford University Press, USA
Publication date:
01/28/2000
Edition description:
New Edition
Pages:
424
Product dimensions:
6.50(w) x 9.19(h) x 0.76(d)

Table of Contents

Tablesxiii
1.Introduction3
2.Theories of the Professions14
Weberian Theories of Professions in the Marketplace18
Marxist Theories of Professions in the Class Structure30
Structural Functional Theories of Professions and Social Order34
Theoretical Frameworks for Understanding American Lawyers39
3.Controlling the Production of Lawyers40
Lawyers Without a Profession40
The Rise of Professionalism44
Tightening Control Over Supply48
The Trajectory of Entry Control71
4.The Consequences of Controlling Entry74
The Number of Lawyers74
Influences on the Production of Lawyers77
The Characteristics of Lawyers83
Demographic Change108
5.Restrictive Practices: Controlling Production by Producers112
Defining the Monopoly112
Defending the Turf Against Other Lawyers115
Price Fixing118
Advertising and Solicitation119
Specialization: Recapturing Control by Redefining the Market122
The Rise and Fall of Restrictive Practices123
6.Demand Creation: A New Strategy in the Professional Project?127
The Rediscovery of Legal Need128
The Limitations of Professional Charity129
Institutionalizing the Right to Legal Defense in Criminal Cases130
The Contested Terrain of Civil Legal Aid132
Public Interest Law134
Expanding the Middle-Class Clientele135
Is Demand Creation an Effective Means of Market Control and Status Enhancement?139
7.Self-Regulation142
The Promulgation of Ethical Rules142
The Disciplinary Process143
Protecting the Client Against Financial Loss150
Ensuring Professional Competence151
The Record of Self-Regulation156
8.How Successful was the Professional Project?158
The Income of Lawyers158
The Status of Lawyers163
The Varying Fortunes of Lawyers164
9.Differentiation Within the Legal Profession166
The Professional Periphery: Employed Lawyers167
The Core of the Profession: Private Practice178
One Profession or Many? The Dilemmas of Collective Action208
10.Reproducing the Profession212
Law School Socialization212
The Rationalization of the Labor Market214
Allocation to Roles217
The Revival of Apprenticeship221
The Institutionalization of Reproduction223
11.The Future of the Legal Profession226
Tables249
Entry Barriers249
Number of Lawyers277
Characteristics of Lawyers284
Self-Regulation291
Differentiation Within the Legal Profession298
Notes319
Bibliography355
Theories of the Professions355
American Lawyers365
Index389

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