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An emerging practice amongst lawyers in England and Wales is the use of clinical supervision, as used by counsellors and psychotherapists. This is a very different type of supervision to that traditionally used by lawyers. It is reflective and relational in nature. It aims to support safe, competent and ethical practice, and to contribute to sustainability, support and resilience including in relation to vicarious trauma and burnout. This study uses interviews with lawyers who are using clinical supervision to understanding why it is being sought, how it might be working and what its impacts are. The interviews provide an opportunity to examine interpersonal dynamics of lawyering. The study explores how supervision allows lawyers to develop their understanding of themselves in relation to others, their boundaries and legal professional skills, and how supervision can contribute to the best interests of the client, and to a lawyer’s career sustainability and wellbeing. [ABSTRACT FROM AUTHOR]

Increased usage of generative artificial intelligence (AI) within the legal profession has prompted responses from the judiciary, resulting in the issuance of various practice directives. The spectrum of these directives ranges from conservative recommendations to more radical measures demanding lawyers to disclose their use of generative AI in the preparation of legal documents or certify the absence of such software in their creation. This article explores the development of a comprehensive framework for judicial guidance on generative AI use in legal proceedings in Canada, highlighting key elements of such guidance. The author contemplates a ‘training’ approach to regulating generative AI use in legal proceedings, focusing more on the user than the technology itself. This approach emphasises the need for judicial guidance to balance constructive engagement with generative AI with lawyers’ ethical responsibilities. [ABSTRACT FROM AUTHOR]

This article examines why Germany still relies on fax machines for business communication, despite the government 's digitalisation agenda. It explores the legal, cultural and practicalfactors that hinder the adoption of more modern and secure alternatives and some of the challenges for the legal profession. The article offers suggestions on possible ways to overcome these barriers andfoster digital transformation, certainly for the legal profession, in Germany. [ABSTRACT FROM AUTHOR]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this study is to ask female lawyers about gender discrimination and sexual harassment in Pakistan, a conservative and patriarchal society. A cross-sectional survey was conducted among women lawyers working in the five largest bar associations in the province of Punjab, Pakistan (including: Multan, Bahawalpur, Lahore, Faisalabad, and Rawalpindi). Women lawyers stated that gender discrimination and sexual harassment are prevalent. Most female lawyers experienced discouragement, disrespect, and gender discrimination by their colleagues, clients, and police officials. Female lawyers also experienced sexual harassment from male colleagues and litigants in their workplace. [ABSTRACT FROM AUTHOR]

Lawyers experience disproportionately high levels of poor mental health outcomes compared to other professions. This persistent problem can be explained, at least in part, by the fact that current initiatives are not adequately addressing the impact of trauma (from clients and lawyers). The legal profession is yet to embrace trauma-informed practice in the same way other human services have. In this qualitative study, 6 lawyers from Legal Aid describe what trauma-informed practice would ideally look like in their workplace. Many of the recommendations made by the participants such as training for staff, reduction in workloads, mental health leave, supervision, reflective practice, and debriefing are echoed in the literature. However, participants added valuable details about what service provision for clients, and the role of managers in bringing about change. The study provides employers with practical strategies to implement trauma-informed practice and manage the impact of trauma on their lawyers. [ABSTRACT FROM AUTHOR]

This article is an introduction to a special issue of Psychiatry, Psychology & Law that focuses on the well-being of judicial officers and lawyers. The issue includes contributions from scholars in psychiatry, psychology, and law, as well as judicial officers and practitioners. The articles cover a range of topics, including the prevalence and impact of stress on the judiciary and legal practitioners, specific areas of legal practice, the effects of the COVID-19 pandemic, and the importance of compassion in professional life. The goal of the special issue is to promote the mental and physical health of judicial officers and lawyers for the benefit of wider communities. [Extracted from the article]

A recent decision reveals how a New Zealand's disciplinary tribunal promoted justice for an unwell lawyer in a case of professional misconduct. In 2023, the Lawyers and Conveyancers Disciplinary Tribunal (LCDT) applied a 'merciful approach' when assessing the lawyer's misconduct and health issues. In Auckland Standards Committee 3 v Ms W [2023], the LCDT discussed the impacts of reproductive treatment in relation to the practitioner's conduct. This decision is the foundation to compare the disciplinary regime for legal and health practitioners in New Zealand. The article outlines New Zealand's framework for discipline of lawyers, noting the absence of a health pathway. The article discusses opportunities to resolve cases involving impaired lawyers outside the disciplinary system, including benefits and disadvantages of mandatory reporting. While focusing on the legal profession, the discussion is relevant to other professions and examines health-promoting regulatory strategies from other jurisdictions. [ABSTRACT FROM AUTHOR]

The term 'vicarious trauma' refers to a range of cumulative and harmful effects from exposure to the trauma of others and is now recognised as a category of causation in the diagnostic criteria of post-traumatic stress disorder. Legal practitioners may be exposed to the risk of harm from vicarious trauma in a number of occupational contexts. This article reviews recent case authority, including a 2023 prosecution of Court Services Victoria for failing to provide a safe workplace in the Coroners Court of Victoria and the High Court decision in Kozarov v Victoria (2022) and the Victoria Court of Appeal decision in Bersee v Victoria (2022). It considers measures that should be taken to provide a workplace for both legal practitioners and judicial officers that is as safe and without risks to health as is reasonably practicable. [ABSTRACT FROM AUTHOR]

Legal sector organisations face mounting pressure to protect and promote lawyers' well-being. However, knowledge is fragmented, hindering research and practice development. Our review investigated current conceptual understanding and empirical evidence of contextual influences. We systematically mapped the global scholarly and grey literature published since 1970, reviewing 145 relevant publications. Lawyers' well-being is conceptualised primarily as ill-being, despite well-being's positive facets. Empirical consideration of work context is mostly absent, though we deduce a focus on large commercial law firm practice and public service/legal aid. Our explanatory synthesis is abductive, coalescing Bourdieu's concepts of field and habitus with Hobfoll's conservation of resources theory to explain how context influences lawyers' well-being via distinct resource losses. We urge theoretical development to elucidate the role of context and theory-driven research on the cumulative effects of resource loss and gain. Recommendations for practice include a renewed focus on job design and line management upskilling. [ABSTRACT FROM AUTHOR]

The article focuses on the evolving duty of competence for lawyers in the context of climate change. It discusses how the duty of competence, as articulated in Model Rule 1.1 of the ABA Model Rules of Professional Conduct, is expanding to include staying abreast of current and evolving laws and knowledge concerning climate change. It discusses the concept of competence across professions, the importance of systems leadership skills, and principles for climate-competent lawyering.

This article develops a framework to understand the legal profession's participation in providing services to indigent clients. Our theory is based on two factors: whether lawyers have successful practices, and whether the legal aid delivered to indigent clients is free or below market price. Pro bono signals moral high ground in the profession. Conversely, a regime in which legal assistance is provided at a discounted market price ("low bono"), an under‐explored area in the literature, attracts less competitive attorneys, and doing legal aid cases is perceived as signifying incompetence in one's professional capacity. Using a unique, comprehensive data set on all legal aid lawyers in Taiwan (nearly 4000), two nationwide attorney surveys, and 143 in‐depth interviews with practicing lawyers across the country, we offer the first comprehensive empirical analysis of legal aid lawyers and explain that the design of a legal aid regime attracts lawyers of different hemispheres into the endeavor. [ABSTRACT FROM AUTHOR]

Some say the job of a lawyer is to lie on behalf of a client. But longstanding ethical canons are clear: lawyers may not promote false statements of fact or law while representing their clients. This basic tenet of professional responsibility helps to preserve the integrity of the legal profession and ensure public confidence in the administration of justice. And if lawyers violate their ethical duties, they are subject to disciplinary proceedings. The 2020 election tested this system. Attorneys for former President Donald J. Trump made a series of false statements to the public and in court papers that President Joe Biden won the election because of fraud. This narrative became the "Big Lie, " and it continues to percolate. Although some lawyers eventually .faced professional discipline, disciplinary proceedings took months, and sometimes years, to initiate. During that time, millions of Americans came to believe these falsehoods. To stop the next big lie in its tracks, this Note argues for a more proactive approach to lawyer regulation. Well-established ethical rules enable bar authorities to begin investigations as soon as lawyers knowingly make materially false statements to third parties or the public. Therefore, this Note argues, not only can bar authorities act, but they must proceed swiftly in cases where false statements have spillover effects beyond the parties to an individual case or transaction. Doing so would erect a wall between the legal profession as a whole and falsehoods promoted by its members, sending a strong deterrent message to would-be liars and maintaining the integrity of the legal profession. Moreover, more aggressive action by ethics counsel would survive First Amendment scrutiny and promote truth-telling in all contexts, not just in political or election cases. [ABSTRACT FROM AUTHOR]

Throughout history - from Roman times to the present - there have been numerous examples of how important the legal profession is for society. In every proceeding they are involved in and noble cause they champion, legal professionals contribute to protecting not only their clients' interests, but also those of society as a whole. From an individual's law of the skill (lex artis) to collective responsibility, and from the specifics of a case to the more generalised search for justice, the legal profession's role in society has been evident for centuries, to the extent that it is now an essential component of the principle of effective judicial protection. Bar associations have also contributed by ensuring that lawyers are able to exercise their legally established mandate freely and independently while ensuring that the rules of law and professional conduct are complied with. [ABSTRACT FROM AUTHOR]

For more than half a century, jurisdictions have relied on threats of disciplinary sanctions--sticks--to try to coerce attorneys to act in an ethical manner. In doing so, they have focused their efforts on establishing minimum standards of practice and sanctioning only those attorneys who fall well short of them. By crafting general rules that apply to all attorneys, however, jurisdictions have ignored the considerable differences that attorneys face as a result of their practice settings, years of experience, or individual identities. Furthermore, jurisdictions have struggled to establish clear standards to guide attorneys regarding their obligations--precisely because the settings in which their obligations arise are so complex. Perhaps no rule better epitomizes the deficiencies in this onesize-fits-all approach than the mandatory reporting rule, which has simultaneously created anxiety among attorneys about their reporting obligations and, with its strictures, engendered widespread noncompliance. But there are other ways to conceive of professional lawyer regulation than merely policing and sanctioning the worst offenders. Other legal and nonlegal systems have increasingly turned to carrots to motivate people to act in ways that will benefit the greater good. Thus far, however, lawyer regulators have continued to unthinkingly cling to--and often double down on--the use of sticks out of a belief that such sanctions are needed to convince the public that the legal profession can continue to regulate itself. This Article makes three primary contributions to the discourse on reforming professional lawyer regulation through the lens of the mandatory reporting rule. First, it demonstrates the deficiencies and limitations created by a stick-based system almost exclusively focused on sanctions. Second, it proffers an alternative model--one leveraging the use of carrots--and draws upon the rational choice literature to identify criteria for determining which type of incentive to implement. Third, it provides a template for how professional lawyer regulation can be revitalized by incorporating carrots that encourage attorneys to strive for ethical heights, rather than relying on sticks that induce attorneys to do just enough to avoid disciplinary action. [ABSTRACT FROM AUTHOR]

The paper delves into the early impacts of generative AI (GenAI) on the legal sector, its implications for the activity systems of judges, lawyers and litigants, and the values underpinning the administration of justice. Literature analysis is complemented by a survey of the functions GenAI systems offer to law firms, judges and citizens, as well as by assessing the guidelines for the proper use of such technologies in the legal domain. The paper underscores how GenAI is becoming pervasive through specialized applications and its integration into everyday office tools. Such a rapid proliferation of applications has revealed that several of the principles suggested by the guidelines are inadequate in managing GenAI usage and assigning responsibilities to the providers. Users are ultimately responsible and must fully understand and accept the consequences of their use. Therefore, when interacting with GenAI in the legal business, comprehending the systems' technological features and functioning, including their limitations and potential pitfalls, is the primary safeguard now available. The finding underscores the need for human empowerment to prevent an uncontrolled proliferation of GenAI in the legal business, thereby stressing the importance of human oversight in using AI. [ABSTRACT FROM AUTHOR]

Better understanding of Large Language Models' (LLMs) legal analysis abilities can contribute to improving the efficiency of legal services, governing artificial intelligence and leveraging LLMs to identify inconsistencies in law. This paper explores LLM capabilities in applying tax law. We choose this area of law because it has a structure that allows us to set up automated validation pipelines across thousands of examples, requires logical reasoning and maths skills, and enables us to test LLM capabilities in a manner relevant to real-world economic lives of citizens and companies. Our experiments demonstrate emerging legal understanding capabilities, with improved performance in each subsequent OpenAI model release. We experiment with retrieving and using the relevant legal authority to assess the impact of providing additional legal context to LLMs. Few-shot prompting, presenting examples of question–answer pairs, is also found to significantly enhance the performance of the most advanced model, GPT-4. The findings indicate that LLMs, particularly when combined with prompting enhancements and the correct legal texts, can perform at high levels of accuracy but not yet at expert tax lawyer levels. As LLMs continue to advance, their ability to reason about law autonomously could have significant implications for the legal profession and AI governance. This article is part of the theme issue 'A complexity science approach to law and governance'. [ABSTRACT FROM AUTHOR]

This Article explores the role of lawyers in democratic backsliding—the degradation of democratic institutions and practices using law rather than violence. The Article’s central aim is to set an agenda and outline an approach to studying the professional paradox at the center of backsliding: why and how lawyers attack the rule of law. It thus seeks to shift the scholarly lens from the conventional view of lawyers as defenders of democracy to investigate lawyers as authors of autocracy. Toward that end, the Article theorizes the legal profession as a site of backsliding, outlining a framework that positions lawyers in relation to distinct pathways of autocratization on the slow road of gradual democratic decline and the fast track of imminent democratic attack. On the slow road, the Article draws upon evidence of structural change in the American legal profession to suggest how the erosion of key democratic functions performed by lawyers increases backsliding risk by reducing trust in the legal system and commitment to the rule of law. On the fast track, using the 2020 Stop the Steal campaign as a case study, the Article shows how lawyers in moments of democratic crisis engage in legal mobilization to weaponize distrust, fusing legal and media tactics to legitimize false claims and justify invocation of extraordinary power. The Article concludes by calling for changes to U.S. professional regulation and education to strengthen democratic resilience, while mapping a research agenda for comparative study of antidemocratic lawyering in unsettled times. [ABSTRACT FROM AUTHOR]

This document explores the role of parliamentarians in providing legal advice and the challenges surrounding the unauthorized practice of law. It presents a scenario where a parliamentarian advises a nonprofit corporation on procedural law, raising questions about the boundaries between parliamentary authority and state not-for-profit codes. The document emphasizes the importance of accurately applying procedural law and acknowledges the complexities involved in interpreting and applying statutory provisions. It suggests that parliamentarians should exercise caution in providing advice on complex legal matters and should refer clients to attorneys when necessary. The document also discusses the history and challenges of defining and preventing unauthorized practice of law in the United States, including negotiations with other professions and the controversy surrounding legal document software and services. It concludes by recommending the involvement of the American College of Parliamentary Lawyers in addressing legal challenges. [Extracted from the article]

The article provides suggestions to Utah-based multijurisdictional lawyers on how to steer clear of unauthorized practice of law. Topics discussed include requirements if a lawyer is not currently licensed in Utah but will be practicing in Utah as in-house for a Utah company, rules about legal services involving other states' laws, and risk to client when engaging in unauthorized practice of law.

The article focuses on the need for law schools to incorporate professional identity formation, as mandated by the American Bar Association (ABA) Standard 303(b)(3), especially in the context of 1L Lawyering Skills classes. Topics include the importance of early professional identity development, the distinction between outward-facing and inward-facing character-based skills, and strategies for teaching these skills to law students to better prepare them for legal practice.

Are certain characteristics of dispute resolution procedures associated with higher levels of procedural justice? We address this question through a quantitative analysis of real-world experiences of 194 professional legal representatives with the objection procedures of 81 Dutch administrative authorities. In our analysis, two general procedural characteristics are taken into account: the involvement of an independent third party and the extent to which the procedure is focused on the conciliation of competing interests. The involvement of an independent third party was not associated with higher levels of procedural justice. Procedures that were perceived to be more focused on the conciliation of competing interests were evaluated as more procedurally just, even more so in disputes where the administrative authority was perceived to have a higher degree of discretion and in disputes that ended in a negative result for the litigant. [ABSTRACT FROM AUTHOR]

On-screen female advocates have been the subject of investigation in a growing body of literature over the past two decades. Celluloid depictions of women lawyers in the Middle East are less common. This paper attempts to fill this gap by examining two films: In Between and The Accused. These films were chosen for two reasons. First, they constitute rare cinematic representations of female lawyers' personal lifestyles and the way these lifestyles inform professional identity. Secondly, they evoke detraditionalized versions of gender while emphasising the construction of new on-screen femininities not that far off from modern day legal practice. This paper consists of three parts. The first part examines the striking similarities in the way both films portray female lawyers as role models and outsiders in the legal profession. The second part situates the discussion of the two films within the consumer-based, pleasure-seeking attitude associated with the new aesthetics of legal practice. The third part draws parallels between the fictional representations of the female lawyers in the two films and the reality of legal practice. [ABSTRACT FROM AUTHOR]

Law schools have a reputation, and are often criticized, for being liberal. Yet, their reputation notwithstanding, law schools are traditional, orthodox institutions, teaching and instilling in students a version of the law devoid of justice and morality. One might be tempted to assume law schools merely reflect the conservatism of the legal profession, which generally serves the interests of powerful clients and sustains the status quo, but this account does not withstand scrutiny. Law schools and law professors are relatively insulated from the intense competitive pressures of the market for legal services. Whatever the explanatory power of lawyers' usual excuses for ignoring justice and morality--"the adversary system made me do it," or "clients made me do it"--they do not apply to and do not explain the conduct of law professors. This Article makes three points. First, it explains how law schools are orthodox and why they continue to be a-liberal in the twenty-first century, preaching a great divorce between law and justice and morality although they have the power and ability to become more liberal. Second, it argues that law schools must be more liberal, that is, they must pursue a model of legal education which integrates law, justice, and morality. Third, the Article advances a liberal model of legal education and responds to several criticisms of it. [ABSTRACT FROM AUTHOR]

Copyright of Via Inveniendi et Iudicandi is the property of Universidad Santo Tomas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista CIENCIA UNEMI is the property of Universidad Estatal de Milagro (UNEMI) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article discusses the importance of teaching law students about restorative justice and the challenges of incorporating it into the legal curriculum, with a focus on the Australian context. The author argues that educating future lawyers about restorative justice principles and methods can sensitize them to alternative approaches to conflict resolution and benefit a broader range of careers beyond practicing law. However, the limited inclusion of restorative justice courses in Australian law schools is attributed to the emphasis on traditional legal education and the profitability-driven priorities of law firms. The article suggests the need for a holistic and integrated curriculum that showcases the value of restorative justice and its connections to other fields. It also explores the challenges and criticisms surrounding the implementation of restorative justice in Australia, including its applicability to gendered violence and ethnic communities. The article concludes by advocating for greater collaboration and a broader understanding of restorative practice in law schools to enhance the reputation and value of lawyers in the community. [Extracted from the article]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the evolving duty of technological competence for construction lawyers. The American Bar Association and 40 states have amended their ethical rules to include this duty, while others imply it. The duty requires lawyers to keep up with changes in technology and understand its benefits and risks. The article discusses the historical development of this duty, including issues related to email, metadata, and cybersecurity. It also highlights the importance of competence in areas such as social media, cryptocurrency, and data breaches. Lawyers may need to undergo technology training to fulfill this duty. Many states have adopted rules or comments on technological competence, with Florida being the first state to require technology continuing education. North Carolina and New York have also implemented technology training requirements for attorneys. The article provides cautionary case law examples that demonstrate the importance of technology competence for lawyers, including issues related to electronic communication, preservation of electronic evidence, and court e-filing requirements. It emphasizes the ethical considerations and obligations that lawyers face in the era of technology and the need for ongoing supervision and competence in utilizing technology. The article also addresses the importance of lawyers being able to trust and supervise AI tools to ensure accurate and unbiased data interpretation. Different state rules provide variations on the requirements for supervising AI tools, with some emphasizing confidentiality and others focusing on the lawyer's duty of competence. It concludes by emphasizing the importance of lawyers staying informed about technological advancements and seeking assistance from experts when necessary. [Extracted from the article]

"The Bodyguards of Lies: Lawyers' Power and Professional Responsibility" is a book that explores the role of lawyers in covering up the truth and guarding the lies of their clients. It discusses real and fictional examples, such as the Enron bankruptcy case, and examines issues like non-disclosure agreements and plea bargaining. The author compares the positions of the US, England and Wales, and Canada on representing confessed and lying clients, and explores the ethical dilemmas faced by lawyers. The book emphasizes the importance of conscience, ethical judgment, and professional responsibility in the legal profession. [Extracted from the article]

This Essay presents a study of leading U.S. lawyers who represent families in disputes involving the special education of children with disabilities. The research consists of structured interviews of selected attorneys from around the country, and tests whether the conclusions about disability cause lawyers drawn by Waterstone, Stein, and Wilkins (in Disability Cause Lawyers, their pathbreaking study of thirteen leading attorneys involved in disability rights work) hold true for special education cause lawyers. Following the approach in Disability Cause Lawyers, this study considers attorney backgrounds, practice structure and financing, connections to social movement organizations, and modes of advocacy. The study concludes that lawyers who engage in the cause of educational rights of children with disabilities, like other disability cause lawyers, face challenges of litigation financing, wary courts, and a splintered social movement. Nonetheless, they manage to avoid practices that some studies of cause lawyers have criticized: being entranced with paper victories in court, and engaging too much with legal elites and not enough with the social movement. In this way, they also resemble the attorneys in the Disability Cause Lawyers study. The scholarly debate on cause lawyering is extensive and contentious. This Essay makes a unique contribution to that literature as the first study of the work of lawyers who view educational rights for children with disabilities as a social cause and who see themselves as contributing to the movement for educational rights for individuals with disabilities. [ABSTRACT FROM AUTHOR]

The article discusses the conference "Disarmed, Distracted, Disconnected and Distressed: Modern Legal Education and the Unmaking of American Lawyers" that was held at the University of Pittsburgh School of Law in Pittsburgh, U.S. from April 20-21, 2023. Topics discussed include how contemporary legal training has shifted away from preparing lawyers as civic leaders and its effects on the legal profession. Attendees included Professor Richard Weisberg and Professor Bernard J. Hibbitts.