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.