Social Ordering beyond Formal Law: Legal
pluralism – W9
(Emily Jackson lecture #1)
DOES IT MATTER WHO THE JUDGES ARE?
BASICALLY YES… BUT WHY?
Cultural perception can have an effect on judicial decisions.
Have the power to take away l
iberty of family members away from you.
Have a scope of equity and a good understanding of the law.
Diverse body of judges.
Good communication skills with people and others.
We generally care about the personal integrity of a judge.
STRUCTURE OF THE LECTURE
Key characteristics of professions,
Challenges facing the professions.
Particular challenge of diversity.
WHICH PROFESSIONS?
Solicitors,
Paralegals (solicitor firm but a lower level),
Legal executives (qualified lawyers, but have some areas that they
cannot access e.g. litigation),
Barristers (self-employed, hired by solicitors),
Judges (make and develop the law).
CHARACTERISTICS OF A PROFESSION
Independence from govt,
Expertise and specialist knowledge,
Restrictions on entry and control over exit,
Professional codes,
A general duty to maintain public confidence,
Privileges e.g. self-regulation, monopolies on certain types of work.
INCREASING STATE INTERVENTION
The traditional self-regulatory model increasingly undermines,
Abolition of restrictive practices e.g. conveyancing and rights of
audience in courts,
Separation of regulation and representation (Law Society for
solicitors and the SRA, Bar Council for the Bar Standards Board),
Enhanced diversity expectations.
, SOLICITOR: KEY FACTS
LLB > LPC > Training Contract
Give advice on matters of law.
Represented by Law Soc.
Protected by the SRA.
City, High-Street and In-House firms.
0.6% of law firms employ 25% of solicitors.
Trainee > Associate > Senior Assoc. > Salaried Partner > Equity
Partner (you can apply to be a judge at this stage).
BARRISTER: KEY FACTS
16k practising in the UK.
LLB > BPC
Represented by The Bar Council
Regulated by Bar Standards Course
Self-employed, hired by solicitors for the people.
Employed by Crown Prosecution Service.
4:5 chambers, 1:5 employed.
Pupil > Tenancy > Junior Counsel > Queen’s Counsel (silk) > Judge
Dame Linda Dobbs (first non-white High Court judge from the LSE).
Appointed only in 2004!
Who are the judiciary?
Justices of the SC (12)
Lords Justices of Appeal (38)
High Court Judges (110)
Masters and Registrars of the Supreme Court (46)
Circuit Judges (665)
Recorders (1,155)
District and Deputy District Judges (447)
JP’s or Magistrates (25,170)
Criteria for appointment as a judge
Recorders are basically lawyers who do part-time judge work. (…)
Challenges
Monopoly of the court in higher courts? I.e. barristers have
advantage since they do work in the court but solicitors have less of
an advantage
pluralism – W9
(Emily Jackson lecture #1)
DOES IT MATTER WHO THE JUDGES ARE?
BASICALLY YES… BUT WHY?
Cultural perception can have an effect on judicial decisions.
Have the power to take away l
iberty of family members away from you.
Have a scope of equity and a good understanding of the law.
Diverse body of judges.
Good communication skills with people and others.
We generally care about the personal integrity of a judge.
STRUCTURE OF THE LECTURE
Key characteristics of professions,
Challenges facing the professions.
Particular challenge of diversity.
WHICH PROFESSIONS?
Solicitors,
Paralegals (solicitor firm but a lower level),
Legal executives (qualified lawyers, but have some areas that they
cannot access e.g. litigation),
Barristers (self-employed, hired by solicitors),
Judges (make and develop the law).
CHARACTERISTICS OF A PROFESSION
Independence from govt,
Expertise and specialist knowledge,
Restrictions on entry and control over exit,
Professional codes,
A general duty to maintain public confidence,
Privileges e.g. self-regulation, monopolies on certain types of work.
INCREASING STATE INTERVENTION
The traditional self-regulatory model increasingly undermines,
Abolition of restrictive practices e.g. conveyancing and rights of
audience in courts,
Separation of regulation and representation (Law Society for
solicitors and the SRA, Bar Council for the Bar Standards Board),
Enhanced diversity expectations.
, SOLICITOR: KEY FACTS
LLB > LPC > Training Contract
Give advice on matters of law.
Represented by Law Soc.
Protected by the SRA.
City, High-Street and In-House firms.
0.6% of law firms employ 25% of solicitors.
Trainee > Associate > Senior Assoc. > Salaried Partner > Equity
Partner (you can apply to be a judge at this stage).
BARRISTER: KEY FACTS
16k practising in the UK.
LLB > BPC
Represented by The Bar Council
Regulated by Bar Standards Course
Self-employed, hired by solicitors for the people.
Employed by Crown Prosecution Service.
4:5 chambers, 1:5 employed.
Pupil > Tenancy > Junior Counsel > Queen’s Counsel (silk) > Judge
Dame Linda Dobbs (first non-white High Court judge from the LSE).
Appointed only in 2004!
Who are the judiciary?
Justices of the SC (12)
Lords Justices of Appeal (38)
High Court Judges (110)
Masters and Registrars of the Supreme Court (46)
Circuit Judges (665)
Recorders (1,155)
District and Deputy District Judges (447)
JP’s or Magistrates (25,170)
Criteria for appointment as a judge
Recorders are basically lawyers who do part-time judge work. (…)
Challenges
Monopoly of the court in higher courts? I.e. barristers have
advantage since they do work in the court but solicitors have less of
an advantage
