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Law and Society Week 3 2025

Course Overview

  • Course Title: LAW AND SOCIETY 2024/2025: SPRING SEMESTER

  • Instructor: BRUNO SOUSA RODRIGUES

  • Date: 13/02/2025

Session Objectives

  • Explore the protagonists of the legal profession in the 21st century.

  • Discuss the organization of the Bar inspired by Tanina Rostain’s insights.

  • Engage in a debate on whether the rule of law implies the rule of lawyers.

  • Examine the historical foundations of legal professions based on Raoul Van Caenegem’s work.

  • Analyze the impact of AI on the future of legal professions.

The Structure of the Legal Profession

Judges

  • Different types of judges, examples include:

    • Judges at the International Court of Justice.

    • Judges at the Cour de Cassation.

    • Judges at the Japanese Supreme Court.

Lawyers

  • Categories of lawyers:

    • Brazilian lawyers.

    • Italian lawyers.

    • Nigerian lawyers.

Prosecutors

  • Examples of prosecutors:

    • Prosecutor of Paris.

    • Attorney-General of India.

    • Prosecutor of the International Criminal Court.

Professors

  • Examples of law professors:

    • Law professors in France.

    • Law professors in Portugal.

    • Barack Obama when he was a law professor.

Impact of Professional Divisions

  • Discussion point: How do the professional divisions within the legal field impact the practice of law?

Insights from Tanina Rostain

Professional Authority of Lawyers

  • Overview of socio-legal scholarship exploring attorney authority through:

    • The organized bar.

    • Corporate and personal legal services.

  • Professionalism as a collective mobility project aimed at economic rewards and prestige.

Bar Control Over Legal Profession

  • Production of Producers: The bar controls legal training and sets formal education requirements enforced through the bar exam.

  • Market Competition: Restrictions established by the bar to maintain monopoly, including control over competition and advertising:

    • Example: Division of legal professions into solicitors and barristers in the UK.

  • Ethics and Guidelines: The bar enacts ethical codes and guidelines for legal services, discovery procedures, and conflicts of interest.

Evolution of Corporate Legal Services

  • Transition from independent practice to bureaucratic specialized practice with corporate law firms.

  • Claims of independence by corporate law firms justified through long-standing client relationships and impartial advice.

  • Shift in ideology from independence to partisanship emphasizing the interests of clients.

Personal Legal Services

Market Dynamics

  • Three dynamics observed:

    • Traditional Lawyers: Operate in small firms, focus on human aspects, and have lower status.

    • Entrepreneurial Lawyers: Operate in large firms, mass production approach, and emphasize efficiency.

    • Boutique Personal Lawyers: Specialized expertise, focus on high-end issues, and command higher fees.

Vulnerability in Legal Services

  • Traditional and entrepreneurial lawyers face competition from:

    • Paraprofessionals offering legal services.

    • “Lawtech” start-ups using technology to automate routine legal work.

The Rule of Law vs. The Rule of Lawyers

  • Discussion point: Does the 'rule of law' imply the 'rule of lawyers'?

Economic Impact of Legal Professionals

  • Historical context of legal professionals and litigation's socio-economic impact in Rome during the twelfth and thirteenth centuries.

Historical Foundations of Legal Professions

  • Growth in complexity of judicial procedures led to reliance on trained advocates and proctors by the late twelfth century.

Professionalism in Judging

Historical Context

  • Shift from lay judges to appointed professionals in early medieval courts.

  • Role of the Church in developing early professional standards in law.

Judicial Independence

  • The gradual rise of professional judges led to increased autonomy and status, especially post seventeenth century.

Accountability](to the Public)

  • Early courts exhibited participatory elements with public appraisals of judges' decisions. -Diminished public involvement over the centuries in judicial proceedings.

Contemporary Issues in the Judiciary

  • Judges historically appraised and processed subjects without regard for rank, reflecting changes in social structures.

Codification and Judicial Biases

  • Judge-made law reflects oligarchic interests, prioritizing stability over equality.

  • Codification emerged as a challenge to traditional judicial power.

Influence of Law Professors

  • Jurists historically served power structures, leveraging legal ideas to influence political movements.

Future of Legal Professions in the Age of AI

  • Speculative discussion on how AI will reshape legal practice and the roles within the profession.

Course Overview

Course Title: LAW AND SOCIETY 2024/2025: SPRING SEMESTERInstructor: BRUNO SOUSA RODRIGUESDate: 13/02/2025

Session Objectives

  • Explore the protagonists of the legal profession in the 21st century.

  • Discuss the organization of the Bar inspired by Tanina Rostain’s insights.

  • Engage in a debate on whether the rule of law implies the rule of lawyers.

  • Examine the historical foundations of legal professions based on Raoul Van Caenegem’s work.

  • Analyze the impact of AI on the future of legal professions.

The Structure of the Legal Profession

Judges

  • Different types of judges, examples include:

    • Judges at the International Court of Justice.

    • Judges at the Cour de Cassation.

    • Judges at the Japanese Supreme Court.

Lawyers

  • Categories of lawyers:

    • Brazilian lawyers.

    • Italian lawyers.

    • Nigerian lawyers.

Prosecutors

  • Examples of prosecutors:

    • Prosecutor of Paris.

    • Attorney-General of India.

    • Prosecutor of the International Criminal Court.

Professors

  • Examples of law professors:

    • Law professors in France.

    • Law professors in Portugal.

    • Barack Obama when he was a law professor.

Impact of Professional Divisions

  • Discussion point: How do the professional divisions within the legal field impact the practice of law?

Insights from Tanina Rostain

Professional Authority of Lawyers

  • Overview of socio-legal scholarship exploring attorney authority through:

    • The organized bar.

    • Corporate and personal legal services.

    • Professionalism as a collective mobility project aimed at economic rewards and prestige.

Bar Control Over Legal Profession

  • Production of Producers: The bar controls legal training and sets formal education requirements enforced through the bar exam.

  • Market Competition: Restrictions established by the bar to maintain monopoly, including control over competition and advertising:

    • Example: Division of legal professions into solicitors and barristers in the UK.

  • Ethics and Guidelines: The bar enacts ethical codes and guidelines for legal services, discovery procedures, and conflicts of interest.

Evolution of Corporate Legal Services

  • Transition from independent practice to bureaucratic specialized practice with corporate law firms.

  • Claims of independence by corporate law firms justified through long-standing client relationships and impartial advice.

  • Shift in ideology from independence to partisanship emphasizing the interests of clients.

Personal Legal Services

Market Dynamics

  • Three dynamics observed:

    • Traditional Lawyers: Operate in small firms, focus on human aspects, and have lower status.

    • Entrepreneurial Lawyers: Operate in large firms, mass production approach, and emphasize efficiency.

    • Boutique Personal Lawyers: Specialized expertise, focus on high-end issues, and command higher fees.

Vulnerability in Legal Services

  • Traditional and entrepreneurial lawyers face competition from:

    • Paraprofessionals offering legal services.

    • “Lawtech” start-ups using technology to automate routine legal work.

The Rule of Law vs. The Rule of Lawyers

  • Discussion point: Does the 'rule of law' imply the 'rule of lawyers'?

Economic Impact of Legal Professionals

  • Historical context of legal professionals and litigation's socio-economic impact in Rome during the twelfth and thirteenth centuries.

Historical Foundations of Legal Professions

  • Growth in complexity of judicial procedures led to reliance on trained advocates and proctors by the late twelfth century.

Professionalism in Judging

Historical Context

  • Shift from lay judges to appointed professionals in early medieval courts.

  • Role of the Church in developing early professional standards in law.

Judicial Independence

  • The gradual rise of professional judges led to increased autonomy and status, especially post seventeenth century.

Accountability to the Public

  • Early courts exhibited participatory elements with public appraisals of judges' decisions.

  • Diminished public involvement over the centuries in judicial proceedings.

Contemporary Issues in the Judiciary

  • Judges historically appraised and processed subjects without regard for rank, reflecting changes in social structures.

Codification and Judicial Biases

  • Judge-made law reflects oligarchic interests, prioritizing stability over equality.

  • Codification emerged as a challenge to traditional judicial power.

Influence of Law Professors

  • Jurists historically served power structures, leveraging legal ideas to influence political movements.

Future of Legal Professions in the Age of AI

  • Speculative discussion on how AI will reshape legal practice and the roles within the profession.