Barrier to Enter the Legal Profession: How the Bar Exam Deprives the Public of Access to the Courts

2012 ◽  
Author(s):  
Jamar Osborne
Keyword(s):  
Legal Profession ◽  
The Public

scholarly journals Charakterystyka i sens normatywnego wyróżnienia grupy umów o świadczenie usług prawniczych

2018 ◽  
Vol 112 ◽  
pp. 181-198
Author(s):  
Bogusław Sołtys
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
Legal Profession ◽  
Legal Services ◽  
Business Activity ◽  
Specific Group ◽  
The Public

PURPOSE OF NORMATIVE DISTINCTION OF THE GROUP OF LEGAL SERVICES CONTRACTSIt is necessary to be in favour of both doctrinal and normative distinction of legal services contracts. Currently the differentiation in regulations of fundamental standards of providing legal services is too large. There is no sufficient explanation for different treatment legal services providers in rudimentary and significant issues designating the essence of legal services and their safety, regardless of the regulated or deregulated market. It appears that the deregulated legal services market should  be included in the provisions concerning regulated economic activity in the Freedom of Business Activity Act. The deregulated legal services market should as well constitute an exception justified by the public interest in a higher degree than by creation of qualification requirements, which are currently the base for distinguishing the regulated legal services market. It is necessary to consider formal submission of the deregulated legal services market to the deontology of legal profession. Fundamental standards of ethics and legal pragmatics should be included in all kinds of legal services, not only those provided within the regulated market. Sanctioning of above mentioned standards is undoubtedly in the public interest and for that reason their mandatory  application at least in the basic range should not be dependent on the affiliation to a specific group of legal services providers.

scholarly journals Re-Examining the Publicity, Advertising and Marketing of Legal Profession in Malaysia

2021 ◽  
Vol 6 (10) ◽  
pp. 443-455
Author(s):  
Mohd Bahrin Bin Othman ◽  
Hariz Sufi ◽  
Faridah Binti Hussain ◽  
Sarah Munirah Binti Abdullah ◽  
Kemala Binti Alang
Keyword(s):  
Content Analysis ◽  
Primary Source ◽  
Legal Profession ◽  
Information Communication ◽  
Journal Articles ◽  
The Public ◽  
Secondary Sources ◽  
Qualitative Research Methodology ◽  
Communication And Technology ◽  
Online Sources

The legal practitioners in Malaysia are restricted from publicising, advertising and marketing themselves on the grounds of fiduciary relationship with clients, the duty to serve the public and it is professionally undignified. Despite the advancement of the Information, Communication and Technology, lawyers are restricted in utilising it for publicity, advertising and marketing. At the same time, the public is deprived of information to engage the best lawyers of their choice. Furthermore, while other countries such as European Union, United Kingdom, Singapore and Australia have moved forward, the Malaysian legal profession remains unchanged. This concept paper investigates the adequacy of the Legal Profession (Publicity) Rules 2001(“LPPR 2001”) in legalising publicity, advertising and marketing. This paper adopts a qualitative research methodology with doctrinal and comparative approaches. Firstly, this paper focuses on content analysis of statutes as the primary source of law. Secondly, content analysis on secondary sources of law including journal articles, and online sources. Thirdly, conducting a comparative study by analysing the primary and secondary sources of law in other jurisdictions. This paper explains that lawyers must be allowed to innovate into new methods in publicising, advertising and marketing themselves. Society will greatly benefit from this as they will be more informed and knowledgeable in engaging the service of lawyers of their choice. This paper ends by suggesting that there is a dire need to legalise the publicity, advertising and marketing of the legal profession in Malaysia. Thus, this research is significant to the development of the legal profession in Malaysia.

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

Selling Mediation: Mimetic, Distancing, and Appellating Practices in the Marketing of an Emerging Profession

2005 ◽  
Author(s):  
Andrew Woolford ◽  
R. Ratner
Keyword(s):  
Legal System ◽  
Consumer Demand ◽  
Legal Profession ◽  
Dramatic Improvement ◽  
The Public ◽  
The Face ◽  
Marketing Activities ◽  
Regulatory Bodies

Individuals both within and outside the legal profession have been drawn by the ‘promise’ of mediation. In it they see a means for facilitating communicative exchanges between actors in conflict, which they view as a dramatic improvement on the adversarial practices of the formal legal system. However, despite the appeal of mediation to potential practitioners, there is not yet sufficient consumer demand to sustain the number of people who possess mediation skills. This has resulted in an overcrowded mediation market in which practitioners are forced to market themselves so as to compete for a limited clientele. In this context, the emerging mediation profession, with its still forming regulatory bodies, confronts the challenge of managing the image of mediation in the face of the increased marketing activities of mediators. In this paper we examine these marketing activities (described as mimetic, distancing and appellating practices) and their consequences for the public presentation of the mediation “profession.”

Free Justice

Free Justice ◽  
2020 ◽  
pp. 24-56
Author(s):  
Sara Mayeux
Keyword(s):  
New York ◽  
Legal Profession ◽  
Public Prosecutor ◽  
Law Firms ◽  
Public Defender ◽  
Legal Aid ◽  
Criminal Courts ◽  
The Public ◽  
Indigent Defense ◽  
Private Charity

This chapter describes Progressive Era debates within the legal profession over proposals to establish a “public defender” in the criminal courts—a public official who would represent criminal defendants and counterbalance the public prosecutor. It describes different versions of the public defender idea, as developed by California lawyer Clara Foltz, New York lawyer Mayer Goldman, and the prominent Massachusetts lawyer Reginald Heber Smith, author of Justice and the Poor. Leaders of the bar, often affiliated with corporate law firms, expressed concerns that the public defender represented a step towards socialization of the legal profession. Instead, they preferred to handle indigent defense and other forms of legal aid through private charity. In 1917, New York lawyers rejected proposals for a government-controlled public defender and instead established a criminal branch of the Legal Aid Society.

Elite Privilege and Public Interest Lawyering

2002 ◽  
Vol 20 (1) ◽  
pp. 153-155
Author(s):  
Susan D. Carle
Keyword(s):  
Public Interest ◽  
Legal Profession ◽  
The Public ◽  
Limited Space ◽  
Similar Class ◽  
Corporate Lawyers ◽  
To Receive ◽  
The Relationship

I was delighted to receive David Wilkins's kind comments about my article. Wilkins provides a cogent and pithy analysis of the relationship between the public interest and elite corporate bars. In so doing, he uses my article as a springboard for proposing a thesis more ambitious and general than mine, involving several propositions concerning what he terms the “odd alliance” and “enduring relationship” between elite corporate and public interest lawyers. Wilkins states that this alliance is related to: (1) the similar class origins of these two kinds of lawyers; (2) public interest lawyers' tendency to target defendants who do not threaten the interests of corporate lawyers' powerful clients; and (3) the class interests of the elite bar in bolstering an image of the legal profession as devoted to the pursuit of justice. On all of these topics, I have many points of agreement with Wilkins. I do, however, perceive some differences, which I will very briefly sketch in the limited space allotted me here.

Always the bridesmaid, never the bride?: Legislating in English and Welsh

2019 ◽  
Vol 33 (1) ◽  
pp. 85-105
Author(s):  
Richard M Crowe
Keyword(s):  
Legal Profession ◽  
National Assembly ◽  
The Public ◽  
Welsh Language ◽  
The Law ◽  
The Government ◽  
Official Status ◽  
Made In

Abstract Welsh has official status in Wales, where it is spoken by approximately 20 % of the population. All adult speakers of Welsh are also able to speak English. The National Assembly for Wales and the Welsh Ministers legislate in both Welsh and English. The Government of Wales Act 2006 provides that the English and Welsh texts of any Act of the Assembly or any subordinate legislation enacted or made in both English and Welsh are to be treated, for all purposes, as being of equal standing. This paper examines the role legislating bilingually plays in confirming the official status of the Welsh language; how the bilingual texts are produced by a process of collaborative translation within an administration where English is the dominant working language; how they are scrutinised by a legislature where legislators are free to use either or both languages, but where, in practice, English dominates; and how they are promulgated in both languages in the form in which they are enacted or made, but only routinely updated in English. It further considers what the principle of ‘equal standing’ may mean and how effect may be given to it; how these bilingual texts may be interpreted by the public and the legal profession, domains in which English dominates; and what implications the production, scrutiny, promulgation and interpretation of bilingual legislation have for the accessibility of the law in Wales.

scholarly journals Nobody can Really Afford Legal Services: The Price of Justice in Namibia

2021 ◽  
Vol 24 ◽  
pp. 1-42
Author(s):  
Dunia Zongwe
Keyword(s):  
Cost Sharing ◽  
Positive Impact ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Assistance ◽  
The Public ◽  
The Government ◽  
Prohibitive Cost ◽  
Economic Nature ◽  
Flow Of Information

Nobody (except for the privileged few) can afford legal services in Namibia. In the light of this dawning awareness, how should the government and other stakeholders design the legal profession so that the greatest number of Namibians can access legal services and, ultimately, justice while preserving the profession's financial viability? The predominantly economic nature of this question means that its solutions lie less in the field of law than in the field of economics. Thus, this article adopts a methodology that reflects that insight. As a primary purpose, this article works towards solving the high cost of legal services in Namibia. It utilises a literature-review methodology that searches the scholarship on the legal profession for practical, down-to-earth solutions put forward in other countries to take the edge off the prohibitive cost of legal services. The article mainly finds that, if structured as a compulsory salary deduction, legal insurance promises the greatest positive impact on costs. And it concludes that the optimal solutions should consist of measures aimed at heightening competition in the legal profession and measures that broaden cost-sharing in providing legal assistance to the public. The article argues that competition can be effectively increased by lubricating the flow of information about prices and services, and by having more public entities bear the burden of expanding the system of legal assistance.

scholarly journals The Complaint Resolution Project

1995 ◽  
Vol 34 (1) ◽  
pp. 54
Author(s):  
Lois MacLean ◽  
John McNiven
Keyword(s):  
Dispute Resolution ◽  
Legal Profession ◽  
Hybrid Process ◽  
Statistical Assessment ◽  
Formal Process ◽  
The Public ◽  
Common Causes ◽  
New Process ◽  
The Law ◽  
Time Required

The authors describe the new complaint resolution project at the Law Society of Alberta, which handles some of the client/lawyer and lawyer/lawyer complaints. Because the legal profession is self-governing, the Law Society must have a means of protecting the public and regulating the conduct of its members. Under the Legal Profession Act, a process is in place that deals with written complaints in a very formal manner. The shortfalls of this formal process are the high levels of stress for the participants, the time required and the expense involved. The authors recognize, however, that the less formal process discussed is only appropriate in some, and not all, cases. This less formal process was tested during the Trial Project. The complaints officers offered complainants the less formal route when it was felt to be appropriate. The dispute resolution process that has emerged is neither traditional arbitration nor mediation, but rather a hybrid process, in which the complaints officer inserts himself or herself between the parties, and attempts to assist in reaching a settlement. The authors discuss common causes and types of complaints and then present the results of the Trial Project. While it is perhaps too early for a definitive statistical assessment, it seems that the Trial Project has significantly reduced the number of formal complaints being dealt with by the Law Society. Additionally, the project seems to have been well received by the bar. At the same time, the authors want to remain open to criticism and discuss some concerns that have been voiced about the new process and the complaints officers. The authors then canvass informal complaints procedures that have been instituted by other law societies, Canadian and otherwise, and compare the experiences and results of those projects. In conclusion, the authors recount the overall favourable comments they have received as part of the Trial Project, and discuss the challenge for the Law Society in the f

scholarly journals The Role of Regional Monitoring Assembly (MPD) Taking Control of The Check / Honorarium Services in The District of Cirebon

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 517
Author(s):  
Arif Rakhman ◽  
Jawade Hafidz
Keyword(s):  
Public Life ◽  
Legal Profession ◽  
Public Official ◽  
Legal Certainty ◽  
Regional Monitoring ◽  
Legal Rules ◽  
The Public ◽  
Legal Problems ◽  
The Law

Notary as a public official, as well as a profession, position is very important in helping to provide legal certainty for the public. Notaries must prevent legal problems later in life through authentic agreement he made as a perfect proof in court. Notaries have a role in activities run the legal profession that can not disconnect from the fundamental issues relating to the functions and roles of law where the law itself, which is defined as the legal rules that govern all public life. This authority can not be applied because it has not yet issued the implementing regulations for the expansion of the notary's authority.Keywords: Notary Official; The Function of Notaries; Notary Competition.

Sign in / Sign up

Export Citation Format

Share Document