This article argues that there are three narratives to technology’s role in augmenting, disruptin... more This article argues that there are three narratives to technology’s role in augmenting, disrupting or ending the current legal services environment—each of which gives life to particular legal professional archetypes in how lawyers react to LawTech. In tracing these influential narratives and associated archetypes, we map the evolving role of LawTech, the legal profession and legal services delivery. The article concludes by proffering a further narrative of technology’s role in law known as ‘adaptive professionalism’, which emphasises the complex, contextual nature of the legal professional field. Through this normative rather than descriptive account it is suggested that the profession may access the benefits of technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.
In recent years the legal profession has undergone significant organizational restructuring with ... more In recent years the legal profession has undergone significant organizational restructuring with the dramatic growth of firms and a rapid increase in the number of women lawyers. We argue that big firms actively recruited women lawyers during a period when women were needed to fill roles of cultivating and serving increasing numbers of institutional or corporate clients. Yet, despite women=s contribution of legal talent to the development of clientele, a glass ceiling was restricted their opportunities to advance in law firm hierarchies. We examine two approaches to gender inequities in law firm hierarchy: disparity as economic efficiency and disparity as structural discrimination. Both approaches neglect aspects of social relations within law firms as well as social resources lawyers bring to their work. We therefore introduce a social capital perspective to unpack how human capital is enhanced and how exclusionary practices are reinforced in law firms. Using a longitudinal study of male and female lawyers conducted from 1990 to 1996, we specify several different forms of social capital. The findings from our study reveal that women lawyers participate fully in the accumulation of social capital in law firms, through service to valued institutional clientele and high billings. Yet, their efforts result in reduced probabilities of partnership. Cultivating Clients in the Competition for Partnership: Gender and the Organizational Restructuring of Law Firms in the 1990s The major change I=ve had to make in my life since becoming a lawyer is balancing priorities between the practice of law and my personal time. Before children, the demands were easier to meet as was the commitment since there was no guilt when I worked late. But now that I have children, if I work late, I=ll miss the little time I have with them in a working day (not to mention a weekend). Putting in hours is always rewarded, especially in private practice. It was not enough to be a competent lawyer and meet your billable hours and annual quota. I was also expected to get involved in the [Bar Association] or another pro bono cause or promote myself and my law firm in the legal community. And while I=m the first to applaud these endeavours, it=s hard to find a balance between private practice and family life, not to mention a balance doing all three (private practice, promoting yourself, and being a good mother).
The Electronic Media and the Transformation of Law, Jul 27, 1989
It should be clear that to talk of the legal profession is a misnomer; we would be better off ref... more It should be clear that to talk of the legal profession is a misnomer; we would be better off referring, instead, to many legal professions. There are strong similarities between the modern American legal profession and that of fifteenthcentury England. At that time there were six discrete strata of lawyers, sergeants and judges, clerks and officers of the central courts, attorneys, apprentices, utter-barristers, and solicitors and accountants. By the eighteenth century the number of groups had effectively declined to two—barristers and ...
of the issue of cooperation among peers to one of a con¯ict between two forms of statusÐthat is, ... more of the issue of cooperation among peers to one of a con¯ict between two forms of statusÐthat is, between professional expertise and hierarchical coordination. 1 In this perspective, professional settings have been of particular interest to the study of this form of collective action. These include corporate law ®rms, engineering and technology ®rms, architecture ®rms, advertising agencies, medical wards, consulting ®rms, investment banks, scienti®c laboratories, religious congregations, and many other organizations bringing together recognized experts. 2 More generally, however, complexity, concern for quality and innovation, and high variability of tasks usually lead to the right to participate in decision making and share economic returns (Woodward 1965; but see also Burns and Stalker 1966; Parsons 1968; Stinchcombe 1959), even in non-professional settings. Work oǹ plural' forms of organizations (see e.g. Bradach and Eccles 1989) shows that the issue of cooperation among peers is also relevant in countless collegial pockets that can be found in larger bureaucratic organizations. In matrix (Davis and Lawrence 1977) or project-based structures, for example, individual members have to function with frequently changing task assignments and group attachments, to report to more than one superior, and to rely on expertise of colleagues from other work units. Whenever members deal together with complex decisions that cannot be routinized, this issue reappears.
Each 1-hour panel will consist of 3 discussants presenting for 15 minutes each. A panel moderator... more Each 1-hour panel will consist of 3 discussants presenting for 15 minutes each. A panel moderator will introduce the discussants, maintain time, and facilitate 15 minutes of Q&A with the audience following the presentations.
When we connect legal education and the rule of law, it has two connotations: to what extent shou... more When we connect legal education and the rule of law, it has two connotations: to what extent should legal education be protected by the rule of law; and to what extent should the rule of law be taught within legal education? It is not difficult to see how both con-notations could cause problems in certain countries where the rule of law might exist in a different form. For example, China is becoming a rule of law-based country in respect of its commercial and intellectual property rights, yet its record on human rights and the due prosecution of them is abysmal. The rule of law like most legal rubrics is slippery and tends to avoid easy definition.1 Jeremy Waldron captures this when he says, ‘people’s estimation of the importance of the Rule of Law sometimes depends on which paradigm of law is being spoken about’.2 For Aristotle safety was located in customary law and for Hayek it was the evolutionary development of the Common Law.3 Tom Bingham’s idea of a thick definition of the rule of law is appealing since it is elastic and has an anthropological intuition about it that maintains a connection to community.4 In con-trast to Waldron who would keep the rule of law at a meta-level rather than a substantive one, Bingham includes specific instances of rule categories such as, notably, the Universal Declaration of Human Rights in which the right to education is enshrined.5
COMPLEX ECONOMIC TRANSACTIONS, especially thoseengaging multiple jurisdictions, are creating cons... more COMPLEX ECONOMIC TRANSACTIONS, especially thoseengaging multiple jurisdictions, are creating considerable problemsin regulation and management that are taxing states ’ resources. The result is that alternative support structures are generated to resolve these difficulties and lacunae (Gessner, 2008a, this volume). While states provide some legislative frameworks, the vast majority of the support structures are brought into existence by other sources. Among them are candidates such as lex mercatoria (Konradi, 2008, this volume), real-time contract evaluation (Dietz and Nieswandt, 2008, this volume) and large and medium-sized law firms (Flood and Sosa, 2008). The liquidity crisis originally prompted by the 2007 sub-prime mortgage debacle in the United States is an exemplar of the type of complexity referred to here that has caused chaos in international financial markets. Here, although the individual steps in the creation of the sub-prime market and its extension and amplification th...
Blockchain - distributed ledger technology - is seen as heralding what some call the internet of ... more Blockchain - distributed ledger technology - is seen as heralding what some call the internet of trust because it provides an immutable chain of authority that is difficult to hack. Satoshi Nakamoto created an algorithm that required immense amounts of computing power to solve cryptographic problems that when resolved would create consensus throughout the blockchain community by rewarding miners with Bitcoin and prevent the "double-spend" problem. Trust, in either one's opposite party or intermediaries would be unnecessary. The cryptographic work made trust redundant. Unfortunately, Satoshi could not predict how the blockchain community would behave once the software was launched into the community. Trust became the core issue as different factions among developers and miners squabbled over changes to the software. Trust is also deeply implicated in the ways the community uses blockchain to raise money to fund developments through initial coin offerings (ICO). In this paper we trace how this these issues emerged in blockchain's short history. We use arguments over block sizes, transaction fees, and hard forks, and the process by which ICOs are run to exemplify our account. We contextualise our story by examining the history of blockchain. Blockchain seems so recent that it doesn't really have a history, but in fact it has a long history stretching back to the Austrian School of Economics. We argue that blockchain can trace its philosophical roots to the anarchy-capitalist strain of the Austrian school. Anarcho-capitalists believe in peer to peer contractual transactions as the foundation for society, They abhor collective action even that which includes the defence of the realm. Dyadic collaborations are sufficient for a society to survive by. Theorists such as Murray Rothbard and Leland Yeager promoted these views in the second half of the 20th century. Satoshi's paper was published in the Great Recession (2008) and incorporated this philosophy. As the blockchain community has developed distributed ledger technology these basic philosophical tensions have surfaced causing dissension and strife. It has all come down to a fundamental issue: who do you trust?
Corporate insolvency and bankruptcy have given rise to new markets, including global ones, in whi... more Corporate insolvency and bankruptcy have given rise to new markets, including global ones, in which lawyers have been key players. This paper examines the role of lawyers in informal restructuring through an analysis of the London Approach and the rise of the distressed debt market.
In this world there are three 'We's'. The Royal 'We'. The Editorial 'We'. And the Barrister and h... more In this world there are three 'We's'. The Royal 'We'. The Editorial 'We'. And the Barrister and his Clerk 'We'. And the greatest of these is the Barrister and his Clerk 'We'."' * This paper is based on a participant-observational study of barrister's clerks conducted in 1976. The results of the study are reported in the author's thesis entitled Barrister's Clerks.
TV shows and films about law and lawyers are hugely successful. During its heyday in the late 20t... more TV shows and films about law and lawyers are hugely successful. During its heyday in the late 20th century Rumpole of the Bailey drew 10 million viewers and was watched worldwide. Law programs are often the only source of knowledge about law for many people. The shows play on the themes of right and wrong, justice and injustice, usually through the medium of the adversarial court process. The two shows compared here, Rake and Rumpole, are emblematic of the legal themes emerging in popular legal culture. I have borrowed from Mary Douglas' Purity and Danger the idea that symbolic and professional culture of the Bar is diverse. Both Cleaver Greene and Horace Rumpole in their lives and professional practices express this diversity. Rumpole represents an essentially Whiggish ideal of the Bar and English society while Greene rampages through a Benthamite Australian ideal rejecting authority. The chapter also includes reflections on professionalism and women in law.
The industrialization of legal practice is leading to an increased tension between professionalis... more The industrialization of legal practice is leading to an increased tension between professionalism and business as varieties of the prevailing ethos in large law firms. Using historical and biographical data of law firms this tension is examined with the result that professionalism is, on the legal profession's own terms, dying out. Only in rare niche, smaller firms can residues of professionalism be located.
Both computed tomography (CT) and notched semicircular bend (NSCB) tests are performed for coals ... more Both computed tomography (CT) and notched semicircular bend (NSCB) tests are performed for coals with high and medium bursting proneness to extract the scientific expression of pore-fracture and its influence mechanism on the tensile failure behavior. The acoustic emission (AE) parameters in the sample during loading and failure are monitored, and the influence mechanism of pore-fracture on tensile failure behavior of coal is analyzed. The result illustrates that the spatial distribution feature of the pore-fracture in coals with high and medium bursting proneness is extremely different. The deformation and failure mode of the coals are affected by many factors, loading mode, notch depth and width, mechanical properties of matrix and minal, spatial distribution feature of pore-fracture, etc. The influence of primary pore-fracture in the coal on the extension and penetration of the secondary fracture could be divided into two types: bifurcation and promotion, which would cause different local damage in the sample and affect the final failure mode. The feature of acoustic emission parameters indicates that the deformation and failure process of a sample under loading could be divided into four stages: compaction stage, elastic deformation stage, displacement plastic growth stage, and post peak failure stage, which is the result of comprehensive action of many factors. The evolution process of secondary fracture is accompanied by the dissipation of elastic strain energy and the intensification of internal damage of coal, which reflects the failure process of coal.
International Journal of the Legal Profession, 2021
ABSTRACT The English Bar sets great store by traditions and symbols. One of these, the cab rank r... more ABSTRACT The English Bar sets great store by traditions and symbols. One of these, the cab rank rule, is considered above reproach. The author was commissioned to examine the working of the rule by the Legal Services Board. The resulting analysis caused much indignation among the Bar with a complete rejection of the research. This article discusses from sociological and economic perspectives how the rule functions and why the Bar was unable to engage positively. It also examines various issues in doing research on the legal profession by looking at other researchers’ histories, how the legal profession is averse to change and modernisation and clings to a manufactured sense of tradition. Any challenge to the profession’s symbolic order is perceived as a threat rather than a moment of reflection.
This article argues that there are three narratives to technology’s role in augmenting, disruptin... more This article argues that there are three narratives to technology’s role in augmenting, disrupting or ending the current legal services environment—each of which gives life to particular legal professional archetypes in how lawyers react to LawTech. In tracing these influential narratives and associated archetypes, we map the evolving role of LawTech, the legal profession and legal services delivery. The article concludes by proffering a further narrative of technology’s role in law known as ‘adaptive professionalism’, which emphasises the complex, contextual nature of the legal professional field. Through this normative rather than descriptive account it is suggested that the profession may access the benefits of technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.
In recent years the legal profession has undergone significant organizational restructuring with ... more In recent years the legal profession has undergone significant organizational restructuring with the dramatic growth of firms and a rapid increase in the number of women lawyers. We argue that big firms actively recruited women lawyers during a period when women were needed to fill roles of cultivating and serving increasing numbers of institutional or corporate clients. Yet, despite women=s contribution of legal talent to the development of clientele, a glass ceiling was restricted their opportunities to advance in law firm hierarchies. We examine two approaches to gender inequities in law firm hierarchy: disparity as economic efficiency and disparity as structural discrimination. Both approaches neglect aspects of social relations within law firms as well as social resources lawyers bring to their work. We therefore introduce a social capital perspective to unpack how human capital is enhanced and how exclusionary practices are reinforced in law firms. Using a longitudinal study of male and female lawyers conducted from 1990 to 1996, we specify several different forms of social capital. The findings from our study reveal that women lawyers participate fully in the accumulation of social capital in law firms, through service to valued institutional clientele and high billings. Yet, their efforts result in reduced probabilities of partnership. Cultivating Clients in the Competition for Partnership: Gender and the Organizational Restructuring of Law Firms in the 1990s The major change I=ve had to make in my life since becoming a lawyer is balancing priorities between the practice of law and my personal time. Before children, the demands were easier to meet as was the commitment since there was no guilt when I worked late. But now that I have children, if I work late, I=ll miss the little time I have with them in a working day (not to mention a weekend). Putting in hours is always rewarded, especially in private practice. It was not enough to be a competent lawyer and meet your billable hours and annual quota. I was also expected to get involved in the [Bar Association] or another pro bono cause or promote myself and my law firm in the legal community. And while I=m the first to applaud these endeavours, it=s hard to find a balance between private practice and family life, not to mention a balance doing all three (private practice, promoting yourself, and being a good mother).
The Electronic Media and the Transformation of Law, Jul 27, 1989
It should be clear that to talk of the legal profession is a misnomer; we would be better off ref... more It should be clear that to talk of the legal profession is a misnomer; we would be better off referring, instead, to many legal professions. There are strong similarities between the modern American legal profession and that of fifteenthcentury England. At that time there were six discrete strata of lawyers, sergeants and judges, clerks and officers of the central courts, attorneys, apprentices, utter-barristers, and solicitors and accountants. By the eighteenth century the number of groups had effectively declined to two—barristers and ...
of the issue of cooperation among peers to one of a con¯ict between two forms of statusÐthat is, ... more of the issue of cooperation among peers to one of a con¯ict between two forms of statusÐthat is, between professional expertise and hierarchical coordination. 1 In this perspective, professional settings have been of particular interest to the study of this form of collective action. These include corporate law ®rms, engineering and technology ®rms, architecture ®rms, advertising agencies, medical wards, consulting ®rms, investment banks, scienti®c laboratories, religious congregations, and many other organizations bringing together recognized experts. 2 More generally, however, complexity, concern for quality and innovation, and high variability of tasks usually lead to the right to participate in decision making and share economic returns (Woodward 1965; but see also Burns and Stalker 1966; Parsons 1968; Stinchcombe 1959), even in non-professional settings. Work oǹ plural' forms of organizations (see e.g. Bradach and Eccles 1989) shows that the issue of cooperation among peers is also relevant in countless collegial pockets that can be found in larger bureaucratic organizations. In matrix (Davis and Lawrence 1977) or project-based structures, for example, individual members have to function with frequently changing task assignments and group attachments, to report to more than one superior, and to rely on expertise of colleagues from other work units. Whenever members deal together with complex decisions that cannot be routinized, this issue reappears.
Each 1-hour panel will consist of 3 discussants presenting for 15 minutes each. A panel moderator... more Each 1-hour panel will consist of 3 discussants presenting for 15 minutes each. A panel moderator will introduce the discussants, maintain time, and facilitate 15 minutes of Q&A with the audience following the presentations.
When we connect legal education and the rule of law, it has two connotations: to what extent shou... more When we connect legal education and the rule of law, it has two connotations: to what extent should legal education be protected by the rule of law; and to what extent should the rule of law be taught within legal education? It is not difficult to see how both con-notations could cause problems in certain countries where the rule of law might exist in a different form. For example, China is becoming a rule of law-based country in respect of its commercial and intellectual property rights, yet its record on human rights and the due prosecution of them is abysmal. The rule of law like most legal rubrics is slippery and tends to avoid easy definition.1 Jeremy Waldron captures this when he says, ‘people’s estimation of the importance of the Rule of Law sometimes depends on which paradigm of law is being spoken about’.2 For Aristotle safety was located in customary law and for Hayek it was the evolutionary development of the Common Law.3 Tom Bingham’s idea of a thick definition of the rule of law is appealing since it is elastic and has an anthropological intuition about it that maintains a connection to community.4 In con-trast to Waldron who would keep the rule of law at a meta-level rather than a substantive one, Bingham includes specific instances of rule categories such as, notably, the Universal Declaration of Human Rights in which the right to education is enshrined.5
COMPLEX ECONOMIC TRANSACTIONS, especially thoseengaging multiple jurisdictions, are creating cons... more COMPLEX ECONOMIC TRANSACTIONS, especially thoseengaging multiple jurisdictions, are creating considerable problemsin regulation and management that are taxing states ’ resources. The result is that alternative support structures are generated to resolve these difficulties and lacunae (Gessner, 2008a, this volume). While states provide some legislative frameworks, the vast majority of the support structures are brought into existence by other sources. Among them are candidates such as lex mercatoria (Konradi, 2008, this volume), real-time contract evaluation (Dietz and Nieswandt, 2008, this volume) and large and medium-sized law firms (Flood and Sosa, 2008). The liquidity crisis originally prompted by the 2007 sub-prime mortgage debacle in the United States is an exemplar of the type of complexity referred to here that has caused chaos in international financial markets. Here, although the individual steps in the creation of the sub-prime market and its extension and amplification th...
Blockchain - distributed ledger technology - is seen as heralding what some call the internet of ... more Blockchain - distributed ledger technology - is seen as heralding what some call the internet of trust because it provides an immutable chain of authority that is difficult to hack. Satoshi Nakamoto created an algorithm that required immense amounts of computing power to solve cryptographic problems that when resolved would create consensus throughout the blockchain community by rewarding miners with Bitcoin and prevent the "double-spend" problem. Trust, in either one's opposite party or intermediaries would be unnecessary. The cryptographic work made trust redundant. Unfortunately, Satoshi could not predict how the blockchain community would behave once the software was launched into the community. Trust became the core issue as different factions among developers and miners squabbled over changes to the software. Trust is also deeply implicated in the ways the community uses blockchain to raise money to fund developments through initial coin offerings (ICO). In this paper we trace how this these issues emerged in blockchain's short history. We use arguments over block sizes, transaction fees, and hard forks, and the process by which ICOs are run to exemplify our account. We contextualise our story by examining the history of blockchain. Blockchain seems so recent that it doesn't really have a history, but in fact it has a long history stretching back to the Austrian School of Economics. We argue that blockchain can trace its philosophical roots to the anarchy-capitalist strain of the Austrian school. Anarcho-capitalists believe in peer to peer contractual transactions as the foundation for society, They abhor collective action even that which includes the defence of the realm. Dyadic collaborations are sufficient for a society to survive by. Theorists such as Murray Rothbard and Leland Yeager promoted these views in the second half of the 20th century. Satoshi's paper was published in the Great Recession (2008) and incorporated this philosophy. As the blockchain community has developed distributed ledger technology these basic philosophical tensions have surfaced causing dissension and strife. It has all come down to a fundamental issue: who do you trust?
Corporate insolvency and bankruptcy have given rise to new markets, including global ones, in whi... more Corporate insolvency and bankruptcy have given rise to new markets, including global ones, in which lawyers have been key players. This paper examines the role of lawyers in informal restructuring through an analysis of the London Approach and the rise of the distressed debt market.
In this world there are three 'We's'. The Royal 'We'. The Editorial 'We'. And the Barrister and h... more In this world there are three 'We's'. The Royal 'We'. The Editorial 'We'. And the Barrister and his Clerk 'We'. And the greatest of these is the Barrister and his Clerk 'We'."' * This paper is based on a participant-observational study of barrister's clerks conducted in 1976. The results of the study are reported in the author's thesis entitled Barrister's Clerks.
TV shows and films about law and lawyers are hugely successful. During its heyday in the late 20t... more TV shows and films about law and lawyers are hugely successful. During its heyday in the late 20th century Rumpole of the Bailey drew 10 million viewers and was watched worldwide. Law programs are often the only source of knowledge about law for many people. The shows play on the themes of right and wrong, justice and injustice, usually through the medium of the adversarial court process. The two shows compared here, Rake and Rumpole, are emblematic of the legal themes emerging in popular legal culture. I have borrowed from Mary Douglas' Purity and Danger the idea that symbolic and professional culture of the Bar is diverse. Both Cleaver Greene and Horace Rumpole in their lives and professional practices express this diversity. Rumpole represents an essentially Whiggish ideal of the Bar and English society while Greene rampages through a Benthamite Australian ideal rejecting authority. The chapter also includes reflections on professionalism and women in law.
The industrialization of legal practice is leading to an increased tension between professionalis... more The industrialization of legal practice is leading to an increased tension between professionalism and business as varieties of the prevailing ethos in large law firms. Using historical and biographical data of law firms this tension is examined with the result that professionalism is, on the legal profession's own terms, dying out. Only in rare niche, smaller firms can residues of professionalism be located.
Both computed tomography (CT) and notched semicircular bend (NSCB) tests are performed for coals ... more Both computed tomography (CT) and notched semicircular bend (NSCB) tests are performed for coals with high and medium bursting proneness to extract the scientific expression of pore-fracture and its influence mechanism on the tensile failure behavior. The acoustic emission (AE) parameters in the sample during loading and failure are monitored, and the influence mechanism of pore-fracture on tensile failure behavior of coal is analyzed. The result illustrates that the spatial distribution feature of the pore-fracture in coals with high and medium bursting proneness is extremely different. The deformation and failure mode of the coals are affected by many factors, loading mode, notch depth and width, mechanical properties of matrix and minal, spatial distribution feature of pore-fracture, etc. The influence of primary pore-fracture in the coal on the extension and penetration of the secondary fracture could be divided into two types: bifurcation and promotion, which would cause different local damage in the sample and affect the final failure mode. The feature of acoustic emission parameters indicates that the deformation and failure process of a sample under loading could be divided into four stages: compaction stage, elastic deformation stage, displacement plastic growth stage, and post peak failure stage, which is the result of comprehensive action of many factors. The evolution process of secondary fracture is accompanied by the dissipation of elastic strain energy and the intensification of internal damage of coal, which reflects the failure process of coal.
International Journal of the Legal Profession, 2021
ABSTRACT The English Bar sets great store by traditions and symbols. One of these, the cab rank r... more ABSTRACT The English Bar sets great store by traditions and symbols. One of these, the cab rank rule, is considered above reproach. The author was commissioned to examine the working of the rule by the Legal Services Board. The resulting analysis caused much indignation among the Bar with a complete rejection of the research. This article discusses from sociological and economic perspectives how the rule functions and why the Bar was unable to engage positively. It also examines various issues in doing research on the legal profession by looking at other researchers’ histories, how the legal profession is averse to change and modernisation and clings to a manufactured sense of tradition. Any challenge to the profession’s symbolic order is perceived as a threat rather than a moment of reflection.
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Papers by John Flood