Role Of Lawyers Research Articles

A Call for Research on the Role of Legal Counsel in Promoting (In)Equitable Educational Policies in a Hostile, Anti-DEI Sociopolitical Climate

The current climate reflects not only a hostile politicization of diversity, equity, and inclusion (DEI) work but also an institutionalization of anti-DEI sentiments through legislation and litigation, leaving educational institutions to operate within a hyper-legalistic environment. Although there are a large number of education attorneys who interface regularly with educational institutions, the field of education knows very little about contemporary models of collaboration between attorneys for educational institutions and the values that inform these collaborations. In this article, we aim to illustrate the significant role of attorneys for P–20 educational institutions, the need for more research to help us better understand existing strengths and limitations, and ways to harness this role in meaningful ways to further DEI commitments.

피해자변호사제도에 대한 소고

The victim protection system appears to be focused only on victim protection in Korea. The victim lawyer system is one representative system that shows the tendency of this victim protection system. This study examined the victim lawyer system, mainly focusing on which victims could get legal assistance, and suggest improvement measures. In an adversarial system, the prosecutor and defendant are central to the procedure, while the victim is totally forgotten. However, the victim should be respected as a human being. As the victim is another stakeholder with the defendant and affected by the consequences of criminal procedure, the victim also shares a great interest in criminal procedure as a way of justice. Not only that, as one of the parties to the accident with the defendant, it would be fair if the victim could get the opportunity to participate in criminal procedure as the defendant has. At this point, the victims' protection and participation should be considered in the criminal system. However, there is a limitation that victims' protection and participation should not infringe on the defendant's rights. Only a few laws, including the Sexual Violence Punishment Act, provide the victim lawyer system. However, the victim lawyer's role should not be restricted to the victim's guardian but should be expanded to assist the victim in participating. Today, many victims want to participate in criminal procedure, and it's gaining remarkable consensus in society. As the law or system should reflect society or culture, the victim lawyer system necessarily expands to help victims' participation generally. Compared to Germany and France, this country introduced victim lawyers to assist victims' participation, and all the victims typically have the right to legal assistance. As ruling the victim lawyer system and nation-appointed lawyer system separate, it could help the victims participate in criminal procedure and protect vulnerable victims. Therefore, a victim lawyer system must be enacted in the Criminal Procedure Act to establish a general rule, and, in particular, some acts should deal with a nation-appointed lawyer system of victims to protect vulnerable victims.

The sound of silence and the advocacy's forgotten role

This article discusses the old dictum nemo tenetur edere contra se from the point of view of lawyers, identifying ethical profiles in the presentation of evidence in relation to the professional secret and discussing the rationale of the lawyer's role who is entrusted with the task of selecting evidence, both in civil and common law systems.

Exploring the Entrepreneurial Role of Lawyers: A service-dominant logic paradigm

Exploring the Entrepreneurial Role of Lawyers: A service-dominant logic paradigm

Building An Abolition Movement for International Criminal Law?

Abstract International criminal law is a carceral system, which responds to mass atrocities by holding some individuals criminally responsible for these events and then, generally, imprisoning those individuals. I ask what alternative responses might be envisaged, and if we can build a carceral abolitionist movement for international criminal law. Such a movement would refuse imprisonment and policing as the main responses to mass atrocity, and instead would seek to understand the social causes and conditions that cause such mass atrocity, and also how (and why) criminal law has become the preeminent ‘legitimate hand of justice’. In this article, I attempt to bring into conversation two particular intellectual movements: the collective scholarship and praxis of domestic carceral abolition movements; and those critical scholars of international criminal law who have already set out some of the limits and possibilities of the field. I set out the structural conditions of international criminal law, particularly its ideological grounding in neoliberalism and its relationships to race, global capital and colonialism and imperialism, which result in a legal system that criminalizes some and exonerates others. I then particularly examine some tools that already exist for building an abolition movement for international criminal law. These include the defence of duress, transformative reparations and the role of defence lawyers. These tools are admittedly part of the carceral system, and therefore cannot be the key to an abolition movement for international criminal law. However, they may assist us in the short or medium term as we imagine and work towards a better world without the need for a carceral system of international criminal law that relies on police and prisons.

Transforming the Judiciary: Unveiling the Influence of Interpersonal Communication on Indonesia's Court System

Public service in government institutions, particularly in one of court in Indonesia, has become the primary focus in addressing negative stigma and public complaints related to service performance and efficiency. During the pandemic, technology integration emerged as a solution, with the execution of the comprehensive One-Stop Integrated Service Program (PTSP) and drive-thru services at one of the courts in Indonesia. This research aims to measure the influence of interpersonal communication between officers and lawyers on service quality in PTSP and drive-thru services, as well as to identify the role of technology in these processes. The research methodology employs multiple regression analysis to comprehend the cause-and-effect relationship between interpersonal communication variables and service quality. Focusing on openness, empathy, supportive attitude, positive attitude, and equality, this study also considers the impact of organizational culture and the role of lawyers as key stakeholders. The expected results aim to provide recommendations for enhancing public services at one of the courts in Indonesia, including technology development, staff training, and organizational culture changes. The research hypothesis states that interpersonal communication significantly influences service quality at the court. The findings of this research are intended to contribute to a deeper understanding of the dynamics of public service in government institutions.

The role of young lawyers in promoting gender justice, human rights, and sustainability in Nigeria

No abstract

Vexatious or Vulnerable: Permitted Roles for Litigants in Person in Civil Courts

Litigants in person (LiPs) are increasingly prominent players in the social world of the court. There is a growing literature addressing many questions relating to litigants in person and this article contributes to that literature, exploring the creation and maintenance of the social role of the litigant in person. I argue that the high-status actors and those in the inner circle of the social world of the court – the judiciary, lawyers, and court staff – engage in boundary work, defining the role of the litigant in person. In carrying out this work they shape two roles for the litigant in person: the vulnerable and the vexatious. Simultaneously they maintain the fiction that the ideal litigant in person is one who performs the lawyer's role. This role is neither possible nor desired by the high-status actors; litigants in person must remain differentiated. If court reform to address the challenges presented by litigants in person is to succeed, it must account for these role dynamics.

Understanding the Role of Lawyers in Business and Human Rights: The 2023 Update of the IBA Practical Guide

Understanding the Role of Lawyers in Business and Human Rights: The 2023 Update of the IBA Practical Guide

Wizerunek środowiska prawniczego w Polsce w przekazie telewizyjnym – studium przypadku

The aim of the study, which is of a scientific and research nature, is to present the mass media image of the community of legal professionals in Poland. It is a case study based on a specific television coverage in the form of a pseudo-documentary series titled Caste (Pol. Kasta) broadcast by Polish public television. This image is important for the correct organisation of social relations. The significance of the issue and the way it is presented deserve a closer insight, especially since lawyers have not been in high positions in public opinion polls on the prestige of professions for years. The pseudo-documentary was chosen as the research material for the study, because it falls within the broader concept of a documentary while being a certain novelty. For the purpose of the study, a test sample was selected. As a result of the research, it has been shown that the picture of the community of legal professionals presented in pseudo-documentary TV shows in Poland is negative. The usual plot of such shows is that as a result of various kinds of informal deals, unfair decisions are made which are harmful for the victims of the deal, for which the entirety of legal community is blamed, including primarily judges. Exceptions are very rare, and the only hope are young, idealist advocates who are presented as lawyer role models. The TV show Caste, operating unfair simplifications and stereotypes, was part of a series of actions aimed at discrediting the legal community in Poland and did not improve its image. The balance between facts and fiction has been disturbed, which served to support a presupposition that Polish realities are flawed due to the conduct of legal professionals, especially judges. Only those problems in the judiciary have been emphasised, which have helped to prove the need for reform, particularly corruption. Educational opportunities typical of this form of communication were not used, hence the level of legal awareness of Polish society was not raised. It can be hypothesized that the presented image from a medium that constitutes the main source of information and has the largest audience, could have affected the opinion about legal practitioners in Polish society. The TV series met a response from the public, which however requires a separate study.

The Norwegian Victim Lawyer in a Nordic Context: Professional Boundaries, Legal Hierarchies and Purification Processes

The victim lawyer has become a common feature in Nordic jurisdictions. Designed to enable victims to participate effectively in the criminal justice system, victim lawyers emerged largely due to the advocacy of the women’s movements and their concern for survivors of rape and other forms of sexual violence. In this paper, we conduct a thematic analysis of interviews and courtroom observations, focusing on how the role and professional status of the Norwegian victim lawyer are perceived. Against the backdrop of the other Nordic jurisdictions, we draw on Bourdieu’s idea of the legal field as a site of struggle to identify perceived legal hierarchies from the perspective of victim lawyers. The findings indicate that the introduction of the victim lawyer in Norway has created tensions and contestations that revolve around both professional and political concerns. These include concerns about the relationship between legal and non-legal work, boundaries of the victim lawyer role and tensions between professional and political loyalties.

The Role Of Attorney In Handling Confiscated Articles Of Criminal Offense In Narcotics

The Role Of Attorney In Handling Confiscated Articles Of Criminal Offense In Narcotics

The Adversarial Lawyer and the Client's Best Interest: Failures With Pre-Charge Engagement

The role of the defence lawyer is one of a zealous advocate, acting in the best interests of their client. However, a substantial body of evidence suggests that lawyers often operate as components within a procedural machinery that primarily processes the guilt or innocence of defendants. This phenomenon has led to the gradual erosion of the concept of zealous advocacy and adversarialism. Over the last 30 years, the adversarial process in England and Wales has experienced a steady transformation through incremental adjustments to the criminal justice system. The advent of the Criminal Procedure Rules 2003 (CrimPR) marked a notable shift in the handling of criminal cases, ushering in a culture of cooperation where both prosecution and defense cooperate with the shared objective of upholding the CrimPR's Overriding Objective: to deal with cases justly. This transformation has steered the criminal justice process away from its adversarial origins and toward a more managerial and process-driven framework. An additional manifestation of this managerial culture emerged with the introduction of Pre-Charge Engagement (PCE) in 2021. PCE sought to divert cases trial by initiating a dialogue between defense lawyers and the police. If effectively employed, PCE could help reduce the backlog of cases in the criminal courts and expedite resolutions for complainants, suspects, and witnesses. However, it is concerning that PCE is underutilised. This article contends that defense lawyers, by not fully embracing PCE, may not be acting in the best interests of their clients and certainly deviate from the conventional conception of a defense lawyer's role.

DYNAMICS OF ADVOCATES' IMMUNITY RIGHTS IN PROVIDING LEGAL AID IN THE INDONESIAN STATE SYSTEM

<p class="TableParagraph"><em>In the era of globalization and rapid legal development, the role of lawyers in the Indonesian justice system and the administration of justice becomes increasingly crucial. However, their immunity rights often become the subject of debate within dynamics that affect the legal process. The research aims to examine the dynamics of the relationship between lawyers' immunity rights and moral obligations in the context of providing legal assistance in Indonesia and to evaluate the impact of violations of lawyers' immunity rights on the quality of legal assistance services and public trust in the legal profession in Indonesia. This research will employ a normative legal method with a focus on analyzing legal texts governing lawyers' immunity rights within the Indonesian constitutional framework. Research materials will include legal documents such as laws and regulations, with data analysis techniques involving a deep understanding of the content of legal texts. The research findings indicate that in the practice of law in Indonesia, the relationship between lawyers' immunity rights and moral obligations is highly significant. Lawyers have immunity rights that protect them in providing legal advice without external pressure, but they also have a moral obligation to uphold honesty, integrity, and client confidentiality. The influence of the legal and social environment can also affect how lawyers fulfill their moral obligations. Violations of lawyers' immunity rights in Indonesia have serious implications for the quality of legal assistance provided by lawyers and also damage public trust in the profession. Therefore, it is important for the government, professional organizations, and society to work together to ensure the protection of lawyers' immunity rights so that lawyers can carry out their duties with integrity and high trust, and the public can have faith in a fair and effective legal system. Research recommendations include efforts to enhance lawyers' understanding of the relationship between immunity rights and moral obligations, educating the public about the role of lawyers, and enforcing the law rigorously against violations of lawyers' immunity rights.</em></p>

The Role of Attorney’s Request as a Communication Instrument in Advocacy

Abstract Background: The analysis of communication tools used in advocacy is currently a topical research problem in the context of dynamic information communication in the sociopolitical space. Aims and Objectives: The aim of the study was to analyze the attorney’s request as a means of obtaining information by attorneys to carry out their professional activity. Materials and Methods: The research was conducted with the help of numerous methods, the method of expert interviews being the leading one. It was used to single out the procedural characteristics and prospects of the attorney’s request in presentday Ukraine. Results: Attention is drawn to a number of issues that complicate the process of submitting attorney’s request and a proper use of this mechanism and procedure by an attorney. The ratification of the EU-Ukraine Association Agreement opens up new prospects not only for Ukrainian and European producers but also provides for interesting objectives for attorneys to consult the private sector in the process of building new markets. Conclusion: In this article, it was suggested to compare and analyze the issue of the attorney’s request in Ukrainian and Polish legal framework. As a result of the research, problems were identified, and proposals were made for a simplified procedure for submitting an attorney’s request as a communication instrument in advocacy.

The Rule of Law, The Lawyer's Role as a Public Citizen, and Professional Identity: How Fostering the Development of Professional Identity Can Help Law Schools Address the Crisis Facing American Democracy

The Rule of Law, The Lawyer's Role as a Public Citizen, and Professional Identity: How Fostering the Development of Professional Identity Can Help Law Schools Address the Crisis Facing American Democracy

The Important Role of Attorneys in Promoting Parties' Self-Determination in Mediation

The Important Role of Attorneys in Promoting Parties' Self-Determination in Mediation

Implications of Professional Codes of Ethics for the Role of Lawyers in the Contemporary Legal System

This research examines the impact of the Code of Professional Ethics on lawyers' practice in an ever-changing legal environment. By considering changes in technology, communications, and the contemporary legal environment, this research explores how lawyers interpret and apply codes of ethics in situations involving moral and ethical conflicts. Through in-depth analysis, this research documents how lawyers adapt to the dynamics of the modern legal environment while maintaining ethical integrity in their legal practice

The right to be, to feel and to exist: Indigenous lawyers and strategic litigation over Indigenous territories in Guatemala

ABSTRACT Indigenous communities around the globe increasingly resort to courts to seek protection for their individual and collective rights. Not only has the use of strategic litigation by Indigenous peoples to defend their human rights been underexplored but the role of Indigenous lawyers and experts is also a blind spot. Drawing on interdisciplinary, qualitative and collaborative research with Indigenous lawyers, experts and legal activists who are involved in the legal defence of the rights of Indigenous peoples in Guatemala, we foreground a complex legal ethnographic landscape regarding their intergenerational legal-political battle in a society facing transition from recent mass violence and the imposition of extractive economies. This article explores how their Indigenous lawyering is rooted in their Indigenous being and embedded in Indigenous water and land ontologies. We demonstrate how these Indigenous litigators are advancing through counter-hegemonic legal practice that goes beyond dominant Euro-Western and colonial legal positivistic assumptions about human-water-life relationships embedded in a racialised neoliberal legal structure. We argue that in contrast to human rights activist lawyers, they are occupying and exercising a differentiated role, through their positionality and their non-conventional practices, as transformative connectors of worlds before the courts or political ontological knowledge brokers, without falling into romanticism.

A study on the role of lawyers in India’s freedom struggle and towards nation building

While we talk about Law as a profession, it is undoubtedly a vast area with innumerable persons contributing to it across the globe. It is also one of the most challenging professions for it encompasses tough thinking, analysing, reasoning, contemplating as a part of the process or for rendering advisory services, rule or policy making or simply when it comes to representing a client and arguing on behalf in a court of law. As per a report in the United States News’ List for the year 2016, the profession of a lawyer has been seen standing at the rank of 16 among the top 100 best paying jobs and the same stood at 71st rank across the world. Again, it not just the same being group as higher earning that makes it more attractive, the pride of the profession of law also entails the dynamic aspect of the job which is often reflected due to the emergence of several influential leaders of the world from the law background. Starting from the former President of USA, Barack Obama, Russia's President Vladimir Putin, Chinese Premier Li Keqiang, former US President Bill Clinton, former President of Russia, Dmitri Medvedev, managing director of International Monetary Fund (IMF), Christine Lagarde who are the contemporary world leaders worth mentioning to Karl Marx, Mahatma Gandhi and Nelson Mandela are the ones who had earned their highest degree in law and are the seasoned lawyers among others who passed their whole life in pursuit of emancipation of the human beings. Former President of Cuba, Fidel Castro and Former Prime Minister of Singapore, Lee Kuan Yew were also the law practitioners. The current paper is subdivided into various chapters which deals with the concept and development of legal profession, jurisprudential aspect, the role of lawyers in the Indian National Freedom Struggle Movement and their contribution towards nation building.