Discrimination in the Legal Profession - Essay Example

Discrimination in the Legal Profession Legal profession as an organisation has undergone multifaceted changes over decades. Legal profession has its own culture stemming out of effective understanding of legal system. Every current legal group has the potential of affecting the legal system of region. Similarly, legal professionals try to influence the system with their own interpretation and understanding social compulsions. The important issue is how the legal systems develop and change, enriched by the best legal minds of the time. Increasing pressure of work and professional stress always accompany legal practice. According to a recent study, legal profession tops the list of stress makers, leaving behind medicine1. The professional demands of being in control at all times is telling on lawyers and solicitors because of their role of problem-solvers. “This Law regulates the organization and the activity of the legal profession as an autonomous and independent service of rendering legal assistance to natural and legal persons in order to realize and protect their rights and legal interests” http://www.odvj-komora.hr/WebStuff/The_Law.html Legal profession requires autonomy and independent functioning because legal system is a free activity. A legal professional has to execute his day-to-day activities continuously and effectively to the best of his ability. Usually only qualified lawyers render legal assistance. Now paralegal service is becoming popular; but there too, person needs qualifications and has to clear prescribed examinations. Lawyers have to offer legal advice, draft documents like wills, statements, contracts and represent their clients. They are also responsible for drawing up requests, pleadings, complaints, and motions. Definitely they are not allowed to carry out any activities that are detrimental to their profession. Unless otherwise determined by law, organisation would take up action against professionals who are not fully qualified to render legal assistance. Lawyers also have the right and duty to undertake any action, law permitting, for the benefit of their client. Lawyers can substitute for one another at times of emergency or difficulty. Lawyers can deny legal assistance if clients are defying code of conduct or organisational code of ethics, or blatantly ignoring legal advice. If organisation gives a special duty to a solicitor, he can refuse it if it does not fall under the purview of his specialisation and can cancel a Power of Attorney and hence, legal professionals enjoy freedom and individuality. Safekeeping and returning of documents, signing documents with the seal of law office, protection of confidences and secrets, providing data available are part of duties imposed on lawyers by professional organisation. They are protected from arrests (unless they commit criminal activities), their offices cannot be easily searched without prior consent of a competent court, which will keep organisation informed of the search and Organisation’s representatives should be present during the search. And during such a search, secret documents could not be violated as it might be injurious to the clients’ cause and evidence obtained through such search cannot be used in the court against the client. Organisation allows the attorneys to charge according to the gravity of the case and even though there are definite rules governing the remuneration, mostly lawyers charge according to importance of case and client. Also lawyers are allowed to reimburse themselves from the deposited cash; but the immediate settlement of remaining cash is their responsibility. Organisation keeps data of their offices, change of addresses and situations, joint offices, affiliations of legal professions. Legal organisational membership is mandatory and organisations are the face of legal profession of that country. Usually organisations advice liability insurance contracts to its members. Solicitors who mainly work in magistrate and county courts, barristers who usually work in Crown Courts, legal executives and judges of all courts form the professional organisation. Question of individual protection from increased litigation-resulting violence is never far from profession of law. It is assumed that judges need particular social linkage that would stimulate their decision-making behaviour. “What is essentially being argued is that the fact that one has certain attributes means that one will have had certain socialising experience that has stimulated the development of certain attitudes and values and even conceptions of the judicial role,” Tate (1981, p.355). Legal professionals have to be in touch with social, economic and political atmosphere of the region which will assist in decision making and professional legal organisations would help in this matter. Stimulating professional groups will provide diverse views, professional insights and intelligent/pertaining conversations with alternative views. Today legal profession in UK is called a profession in transition, because lawyers and judges have multi-layered duties as a result of EU and UK laws. In a way, this provides more opportunities and alternatives to ordinary people, but also could be frustrating. Laws have changed regarding human rights and cultural diversities and legal professionals are required to adjust to new approach. Professionals who control the legal knowledge are important to society and there lies an organisational compulsion to protect them from negative actions of vengeance. For users, mostly legal professionals backed by organisation, render splendid service. Professional lives are shaped by hard work and risk-taking and adaptability combined with traditional wisdom and legal knowledge. There are complains that profession is plagued by failing ideals and is charged with sex discrimination although both are underplayed constantly. “It seems likely that the factors responsible for women’s entry into the legal profession are the same as those responsible for their entry into other occupations formerly dominated by men,” Spurr ( 1990, p. 406). Legal profession is the face of legal system of the region. It also reflects the sociology, politics, economics, anthropology, philosophy and culture of the region. Legal profession and legal necessity are complimentary to one another. Leaving the highly intricate legal problems aside, most of the legal answers are known to societies even before judgement because customs and expectations, trusts and beliefs are so deep-rooted in all societies. BIBLIOGRAPHY: 1. Spurr, Stephen J. (1990), Discrimination in the Legal Profession, Industrial and Labor Relations Review, Vol. 43, No. 4. (Apr., 1990), pp. 406-417. 2. Tate, Neil (1981, p. 355), Personal Attribute Models, The American Political science review, Vol. 75, No. 2. (Jun., 1981), pp. 355-367. ONLINE SOURCES: 1. http://in-equilibrium.co.uk/index/stress-at-work-in-the-legal-profession 2. http://www.odvj-komora.hr/WebStuff/The_Law.html Read More