Representation Of Lawyers Research Articles

Corporate lawyer–client relationships: bankers, lawyers, clients and enduring connections

ABSTRACTFormal representations of lawyer–client relations are often characterised by their regulative aspects, including codes of ethics and practice. In this article I look inside the relationship by returning to the sociology of Georg Simmel, who closely examined the basic units of sociality, especially dyads and triads. Using examples drawn from empirical research on corporate lawyers and clients and banks, I open up the lawyer/client dyad and show that in most cases the practices of lawyers and banks add noise and interference to the relationship. The reason is that in many situations the basic unit of analysis for lawyer–client relationships should be the triad rather than the dyad. Whereas dyads are fundamentally stable, triads are the reverse, as they allow for alliances and defections creating permanent uncertainty. I take a number of examples where clients suffered in the alliances formed between their lawyers and the banks, leaving them on the periphery. It is time to recast the lawyer–client relationship as one fraught with ambiguity and instability, which raises questions about the nature of professionalism.

Profile and role of the members of ethics committees in hospitals and research organisations in Pune, India

Appropriate constitution of ethics committees (EC) is crucial to ensure a high quality review of research proposals. We studied the profile and role of EC members of Pune-based health and research organisations. 52 ethics committee members representing 12 health and bio-medical research institutions in Pune city completed the structured questionnaires. The respondents represented ECs of hospitals (67%), research organisations (23%) and NGOs (10%). The attendance of members at EC meetings was significantly associated with higher qualification (p=0.004), more than 20 years of research experience (p=0.023) and more experience of working with ECs (p=0.032). Most of the chairpersons or secretaries had a medical background (p=0.027), and were more likely to be formally trained in ethics compared to other members (p=0.049) and had more research experience (0.043). Overall, 62% had doctorate degrees and 38% were post-graduates or graduates. Forty four percent had the correct knowledge of ethical principles. A majority (79%) of EC members felt that formal training was necessary and 84% said that there should be networking of the various ECs to share thoughts and experiences. EC members were generally senior in age, highly educated and well-experienced in research. Representation of lawyers, ethicists and non-scientific members needs to be increased. Even with an appropriate EC constitution, the members had sub-optimal understanding of ethical issues and ethical principles. Formal training of EC members in ethics, and networking of ECs, is crucial. The scope of the role of EC members needs to be clearly recognised and understood by the constituting institutes.

Legal Education in the United States: Organization and Social Function

Lawyers occupy a special place in American social and political life in comparison with other professional groups. Lawyers are traditionally called upon to fill important, frequently key posts in government. It is sufficient to note that 33 of the 56 signers of the Declaration of Independence were lawyers, and 25 out of 40 U.S. presidents have had a legal education. In the mid-1970s, half of the members of the House of Representatives, two-thirds of senators, half of the state governors, and 40 percent of diplomats had a law background. Between 25 and 75 percent of the members of university boards of trustees are lawyers; the representation of lawyers among trustees is four times higher than that of other professional groups.1 The number of the nation's professional lawyers continues to grow. Between the 1950s and the mid-1970s, the number of lawyers in Washington, D.C. increased by 300 percent—from 3,700 to 11,500.2 The ratio of lawyers to population in the District of Columbia is 1:56, which is 10 times higher than the national average. While the number of lawyers in the mid-1980s totaled 600,000, which is 3 percent of the 25 million Americans having complete higher education following four years of college, their share is two times higher among persons with specialized higher education requiring postgraduate study in a professional school. The number of specialized law libraries in the United States is roughly 1,000.3

Anatomy of a Counter-Bar Association: The Chicago Council of Lawyers

There have been few successful attempts in the history of the organized bar since 1870 to establish alternative bar groups that challenge the dominance of the large comprehensive local and state bar associations over the representation of lawyers' interests. Founded in 1969, a product of the social ferment of the 1960s, the Chicago Council of Lawyers provides an example of one such attempt. This paper examines the conditions under which a reform-oriented counter-bar association is likely to arise, the factors that permitted its successful establishment in Chicago, and the functions it serves within the legal profession as an alternative to the Chicago Bar Association.While the violence surrounding the 1968 Democratic National Convention in Chicago may have sparked the formation of an alternative bar association, it was intraprofessional matters that deeply concerned the founders of the Council particularly the performance of the organized bar in providing legal services to the poor and in improving the quality of the judiciary. Within the legal profession itself there was also a striking disjunction between the age of the leadership of the bar and of the numerous young lawyers who flooded in-to the bar in the 1960s. Preexisting networks of young activist lawyers greatly facilitated organizational formation.As a reformist group with a small and relatively homogeneous membership, and lacking strong ties to powerful institutions, the Council can afford to take strong stances on controversial issues. By aggressively supporting positions at odds with those of the more established bar associations, and thus providing the media, the public, and legislators with an alternative viewpoint, the Council contributes to shattering the myth of a unified profession and to the demystification of professional authority.

Anatomy of a Counter-Bar Association: The Chicago Council of Lawyers

There have been few successful attempts in the history of the organized bar since 1870 to establish alternative bar groups that challenge the dominance of the large comprehensive local and state bar associations over the representation of lawyers' interests. Founded in 1969, a product of the social ferment of the 1960s, the Chicago Council of Lawyers provides an example of one such attempt. This paper examines the conditions under which a reform-oriented counter-bar association is likely to arise, the factors that permitted its successful establishment in Chicago, and the functions it serves within the legal profession as an alternative to the Chicago Bar Association.While the violence surrounding the 1968 Democratic National Convention in Chicago may have sparked the formation of an alternative bar association, it was intraprofessional matters that deeply concerned the founders of the Council particularly the performance of the organized bar in providing legal services to the poor and in improving the quality of the judiciary. Within the legal profession itself there was also a striking disjunction between the age of the leadership of the bar and of the numerous young lawyers who flooded in-to the bar in the 1960s. Preexisting networks of young activist lawyers greatly facilitated organizational formation.As a reformist group with a small and relatively homogeneous membership, and lacking strong ties to powerful institutions, the Council can afford to take strong stances on controversial issues. By aggressively supporting positions at odds with those of the more established bar associations, and thus providing the media, the public, and legislators with an alternative viewpoint, the Council contributes to shattering the myth of a unified profession and to the demystification of professional authority.