Trials of strength: The reconfiguration of litigation as a contested terrain

Authors
Citation
A. Boon et J. Flood, Trials of strength: The reconfiguration of litigation as a contested terrain, LAW SOC REV, 33(3), 1999, pp. 595-636
Citations number
89
Categorie Soggetti
Sociology & Antropology
Journal title
LAW & SOCIETY REVIEW
ISSN journal
00239216 → ACNP
Volume
33
Issue
3
Year of publication
1999
Pages
595 - 636
Database
ISI
SICI code
0023-9216(1999)33:3<595:TOSTRO>2.0.ZU;2-T
Abstract
The past 15 years have seen a significant attempt by governments in the Uni ted Kingdom to restructure the market for legal services. As a part of this program, in 1992 the English bar finally lost its exclusive jurisdiction o ver advocacy. Although solicitors could qualify to appear as advocates in t he higher courts, few have so done. We explore the perceptions of legal pro fessionals, solicitors, and barristers through a qualitative study. By exam ining the legal profession as a set of connected but differentiated and com peting fields of practice, we show how change resonates with the legal mark er. We find that institutional coherence and client service vie with the de sire to become complete lawyers in the rationale for solicitor advocacy. Th e identification of institutional constraints on the pursuit of professiona l hegemony leads us to qualify the proposition that professionals are motiv ated purely by economic returns or market dominance.