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Tuesday, November 6, 2012

Professionalizing the Law

In addition the professing adopted a variety of restrictive measures-- such as negligible fee schedules and constraints on healthy service plans--that enabled control everyplace employment by producers. As Abel explains, however, control over production of producers began to erode when the white-male predominance in education fell originally the new wave of women and minority students attending new schools "at levels justnessyers did not choose and through mechanisms over which they exercise pocket-sized influence" (" alteration" 19). The struggle to maintain restrictions is gradually creation lost in the courts and the loss of certain restrictions, such as those on legal service plans and the practice of some aspects of the law by lay competitors, has tended to increase competition among lawyers to an even great degree than was suspected when the proliferation of new lawyers began in the 1980s. The response of the legal establishment was the sudden growth of large firms, "the most striking organizational change in the profession in the give way decade" (Nelson 21). The large firms emerged as lawyers looked for ways to shore up their waning prestige (correlated with size) and profitability ("correlated with the ratio of associates to partners") (Abel, "Transformation" 18).

Professional control of markets, however, produces significant problems of several kinds. The principal drawbacks of the mail service can be summed up in devil ordinary categories. First, the unfair restrictions


placed on competition would barely be tolerated in another profession--not in the world of business. Second, many aspects of professional self-regulation coif only to press the interests of lawyers--and often work counter to the interests of clients--while other aspects merely " shelter the inept members of the profession rather than the society they ostensibly serve" (Abel, "American" 128). This service to clients and society is clearly of secondary magnificence when pitted against the desires, and self-conception, of the legal profession.

In many ways the extensive growth in the number of lawyers and the increased competition will, as Abel claimed, contribute to the overhaul of the profession.
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As Heinz's and Laumann's study of the sociable mental synthesis of the Chicago Bar shows, for example, the sharp division of labor on personal- and corporate-client lines has a deep effect on the coherence of the profession. In the 1950s, for example, the bar would probably have reached a quick consensus that only lawyers should be allowed "to search truly estate denominations and handle the closings of class sales," barring anyone else from performing these lucrative tasks by making such actions "the unauthorized practice of law" (Heinz & Laumann 31-32). save with today's growing peculiarity and increased competition among lawyers themselves, the lawyers who represent real estate brokers and title companies--and whose clients would rather not employ lawyers for such functions--are pitted against the lawyers whose bourgeoisie clients buy and sell homes and businesses. The latter group depends on real estate closings as a major source of income and the two sides clash, leaving the profession as a whole inefficient to support the inclusion of this profitable activity within the profession's prerogatives.

But are the changes that take place because of competitive pressures and widening social gaps betwee
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