Caseflow management and the politics of professionalism : lawyers and independent paralegals

Caseflow Management is a public sector program designed to promote effective management of cases through the resolution process in the public court system. Given its public nature caseflow management policy is ultimately an exercise in political will. To date that political will has been dominated by the legal profession which has influenced the Ministry of the Attorney General to limit the term~ of reference for caseflow management and its application to a narrow range of alternatives which are primarily in the interest of the legal profession. This thesis will explain the nature and extent of the politics within the legal profession that impact on caseflow management and demonstrate the potential for better serving the public interest by eXl~anding its terms of reference to incorporate independent paralegals and public / private sector partnerships in the Ontario Provincial Court System for highway traffic offences and other matters of a summary conviction nature.

Continuing education learning preferences and styles of legal clinic lawyers /

The purpose of this qualitative research was to study the learning preferences and styles of management lawyers who work in Ontario's legal aid clinics. Data were gathered from two sources and analyzed using the constant comparison method. A preand postconference survey provided the principal data on clinic lawyers' learning preferences. Follow-up interviews were then conducted with 3 purposefully selected survey participants to explore their personal learning styles. Kolb's experiential learning theory provided the theoretical framework for discussing personal learning styles. The findings showed a general consistency among the lawyers to learn by listening to lectures and experts. This preference may suggest a lingering influence from law school training. The lawyers' more informal learning associated with daily practice, however, appeared to be guided by various learning styles. The learning style discussions provided some support for Kolb's model but also confirmed some shortcomings noted by other authors. Educators who design continuing education programs for lawyers may benefit from some insights gained from this exploratory research. This study adds to a limited but growing body of work on the learning preferences and styles of lawyers and suggests new questions for future research.

Why UK public lawyers need to be legal and political theorists

My aim in this article is to encourage UK public lawyers to engage with contemporary debates in legal, political and constitutional theory. My argument is motivated by three related concerns. First, there is an extricable link between these disciplines: behind every proposition of public law can be found a theory of law, govenment, the state and so on; secondly, public lawyers have historically neglected or fudged theory in their work; finally, a growing number of public lawyers are now using cutting-edge legal and political theories to fashion radical new understandings of the British constitution: other (more conservative-minded) public lawyers have no option, I argue, but to answer these new challenges. I illustrate my argument with reference to debates about Parliamentary sovereignty, the constitutional foundations of judicial review, political constitutionalism, and judicial deference.

Knowledge and attitudes of lawyers regarding offenders with intellectual disability

People with an intellectual disability appear to be over represented in the criminal justice system and have characteristics that may render them particularly vulnerable. Hypotheses concerning different treatment have been investigated by others through analysis of the attitudes of various criminal justice personnel. The current study extends this work by examining the knowledge and attitudes of Victorian criminal lawyers towards offenders with an intellectual disability. Criminal lawyers (n = 96) responded anonymously to a questionnaire concerning their knowledge of the characteristics of people with intellectual disability and their attitudes regarding the exposure and disposition of this population within the criminal justice system, In addition, respondents were asked to indicate their level of social and professional experience with people with intellectual disability. Results revealed that although the majority of criminal lawyers generally had some understanding of the problems encountered by people with an intellectual disability when they come into contact with the criminal justice system, some deficits that may contribute to vulnerability were evident.

Preparing Australia's future lawyers: an exposition of changing values over time in the context of teaching about ethical dilemmas

This study investigated what values may be influential to decision making in relation to ethical behaviour for early career lawyers. It adopted a longitudinal approach to investigate how values develop or degrade over time as final year law students move into their first two years of employment or further study. To this end, the study investigated the role that tertiary education and employers fulfill in building and perpetuating ‘appropriate’ professional values? Results demonstrate that, in general, ethical behaviour was not uniformly reinforced over time in the workplace. The undertaking of pro bono work stands out here. Results suggested that certain behaviour relevant values may develop or degrade over the early years of the Australian lawyer's career. The implications of results are discussed in the contexts of ethics education in a tertiary context and the continuing education and regulation of the legal profession.

Zero impact: are lawyers' values affected by law school?(Survey)

In 2001 approximately 700 Australian final-year undergraduate law students were surveyed as the first part of a three-year study of Australian lawyers' values. This study is being undertaken in an effort to understand what values are important in determining lawyers' attitudes to difficult behavioural choices confronting them in legal practice. It is hoped that knowledge of the actual values held by lawyers (in the context of critical professional choices) will enable better targeted values awareness education in both pre- and post-admission contexts.

The main quantitative survey employed a number of hypothetical scenarios. These were designed through the use of ethical dilemmas to examine issues of conflicting loyalties within a context of self-interest and lawyers' perceived obligations to the community, employers, family, friends and clients. (1)

Our approach in this paper is to set the scene by providing basic frequencies to responses in each scenario, followed by an analysis of themes elicited from respondents during the focus groups. Our immediate objective is to provide representative interviewee (that is, respondent) commentary designed to throw some light on the major choices of those respondents in the first year of the main quantitative survey. (2) Note that these focus groups were conducted some months after the quantitative analyses, and in particular after respondents had left law school. All respondents were, by that stage, working within a variety of legal workforce environments. In this analysis, it must be stressed, we have not attempted to match and compare individual respondents' comments with their earlier choices in the quantitative survey. That task awaits the longitudinal analysis now under way for the whole period of data collection during the three-year study.

A guide to interviewing children : essential skills for counsellors, police, lawyers and social workers

This book has been written by two people who really understand children. [They show how to] create opportunities to reduce the trauma of the interview and significantly improve the quality of the information obtained. Chief Constable A.J. Butler Gloucestershire Constabulary A few years ago, a Chief Justice said that it was unnecessary to educate lawyers and judges in the techniques of interviewing children because it was 'just common sense'. The authors show that successful interviewing requires much more than 'common sense'. Freda Briggs, Professor of Child Development, University of South Australia...an excellent book for students and professionals in forensic psychology, policing and social work.Helen Westcott, PhD, The Open UniversityIt is critical that children are interviewed properly in cases of suspected abuse or where the children may be witnesses to or victims of a crime. Poor questioning can upset the child further and contaminate evidence that may be needed in court. Interviewing Children is a practical guide to interviewing techniques for a range of professionals including welfare workers, psychologists, schoolteachers and counsellors, police officers and lawyers. Step by step, it outlines the key stages of an interview, and how to respond to the child's needs during an interview. It explains how to deal with children of different ages and from different backgrounds, and also how to work with their parents. Particular attention is paid to the sensitive issue of sexual abuse, and the problems created by multiple interviews.Clare Wilson lectures in the Department of Psychology at the University of Sydney. Martine Powell lectures in the School of Psychology at Deakin University. Both have trained police officers, social workers and legal professionals in interviewing techniques in Australia and the UK.------------------Full quotes to go on half-title page:This book has been written by two people who really understand children. In passing on their knowledge to professionals who engage with children in the interview room, they create opportunities to reduce the trauma of the interview and significantly improve the quality of the information obtained. Writing in a clear and fresh style, the authors have produced a book which is valuable as a point of reference, a day to day tool and as a training aid to develop skills.Chief Constable A.J. Butler Gloucestershire ConstabularyThis book should be read by all professionals who work with children and could findthemselves receiving disclosures of abuse. It is practical, easy to read and full of examples and hints. It should be a compulsory text for social work studen

Almost there : empirical insights into clinical method and ethics courses in climbing the hill towards lawyers' professionalism

Results of a study into the relationships between values and ethical behaviour for early-career legal practitioners - effect of gender, clinical experience and prior ethics education - implications for ethics education in tertiary institutions and after admission to legal practice.

Lawyers and ethics in practice : the impact of clinical and ethics curricula on lawyers’ ethical decision-making

The authors have conducted a longitudinal study exploring the relationships between values and ethical behaviour for early-career legal practitioners. The study comprised a representative Australian cohort of final-year law students and tracked them through their first two years of employment or further study. It examined changes to ethical decision-making by presenting participants with hypothetical scenarios that provided ethical dilemmas. A questionnaire utilising hypothetical situations was presented in 11 scenarios. This chapter examines responses to the scenarios across the three years of the study, particularly exploring changes over time. Of particular interest were the effects of gender and prior ethics education on changing responses. Findings suggested significant differences between males and females in their ethical responses. They also suggested that involvement in clinical practice, in particular during the law degree, may have a positive impact on future willingness to assist access to justice (insofar as such lawyers were more inclined to participate in later pro bono activity).