Commoditisation is defined as removing the uniqueness from a service, rendering it generic. Legal services, in this context, comprises of different entities giving legal advice to the public. The commoditisation of legal services describes how there has been a recent rise in the number of legal services and legal fees are starting to become the only difference between them . A commercial approach is applying the law in a business sense. Therefore, I will be discussing the controversy regarding whether the price-based competition in the legal sector will make legal services a commodity in the future and if taking a commercial approach whilst giving legal advice will increase or reduce its quality.
The preconception that access to legal services is expensive may stop areas of society from using them. The recent legal aid cuts, which stood at 8.75% in 2015, could lead to the assumption that receiving legal advice is too costly and potential consumers may not subsequently use the legal services in any form. Also, as it is becoming normal for legal disputes to be settled outside of court, acknowledging the high cost of legal fees due to its link with commerciality, potential consumers may look for cheaper alternatives to using legal services and they may seek to avoid paying what they feel might be extortionate fees for legal advice which may not reach their expected standard. The belief that legal services are not accessible and the lack of faith in its effectiveness may reduce
The concept of mandatory pro bono and whether or not lawyers should be required to participate in this public service has been the contentious subject of debate over recent years. Focusing on Mirko Bagaric and Penny Dimopoulos’ statement: “In our view not only do lawyers not have a duty to act for free, but they are misguided in doing so and should, for the long term benefit of the community, cease engaging in pro bono work,” this essay will critically analyse the implications of introducing mandatory pro bono into the legal profession by examining both the positive and negative aspects through the issues of altruism, tradition, government funding and the onus on small firms.
This civil court case takes place in a West Virginia school system located in Taylor County, when a general education high school history teacher failed to follow an IEP for Douglas Devart. During the case Devart and his parents Robert and Virginia ended up using aliases by the names of John Doe, Jane Doe and son D.D. Doe as a deterrent from the public so the family would not endure any additional embarrassment, slander, and/or liable regarding the son’s handicap. The defendants of this case were
More than ever people are losing access to justice. Even though the global economic crisis affected everyone, and every jurisdictions budget there needs to be a minimum level of funding for legal aid to protect the rights of those that cannot afford legal aid (Hainsworth, 2010). According to Hainsworth, (2010) the Canadian Bar Association has asked for national standards for legal aid, just like there are standards for health care and education. The CBA believes legal aid reform is needed to ensure access to justice for low income people, it also believes funding must be increased and national standards for eligibility and civil coverage are necessary to make the system function properly again.
“A first class court system and a first class legal profession are of no avail to a person who cannot afford to access them.” Sir Anthony Mason, former Chief Justice of the High Court of Australia.
The lawyer regards money as an asset by which daily life is run and how society functions. He treats money as a significant aspect of life, deserving much attention and consideration in business affairs. When a
Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY:
Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin.
It is a late summer morning and without air conditioning the environment at the not-for-profit law center, Northern County Legal Services (NCLS), is reminiscent of an overcrowded Department of Motor Vehicle office. The center does not have a variety of comfortable places to sit as chairs were donated or purchased. The aesthetics of the center, the lack of efficiency, and the frustration of the volunteers surely sets a negative tone for the customers who are already frustrated due to their legal woes. Customers are there to receive assistance with domestic violence, employment, family or housing law. Tempers flare among surly but needy customers who often are forced to wait past their
Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are
This paper aims to explore the Legal Services Act 2007 and the impact the Act has had on the role of a Costs Lawyer since implementation.
The legal profession has been around for a long time, as it is one of the oldest information professions . The service it provides is essential, as it
This essay will analyse the Consumer Rights Act 2015 (‘CRA 2015’) as it is a significant element of the government’s reform of consumer law in the UK. The Act has been lauded as an immense upheaval of consumer law due to the integration of eight existing pieces of legislation into one. The complicated regulations regarding goods and services that consumers and businesses struggle to comprehend will no longer apply under the Act.
The case in favour of diversity within the legal profession is incredibly strong. As Robert J. Grey JR, a partner at law firm Hunton & Williams argues, “diversity is a critical element of our society” . The reasoning for this has been illustrated in a blog post published by ‘Aspiring Solicitors’. It states how “diversity in the legal profession plays a very important role in regard to formulating new approaches and tactics”. This suggests that by bringing individuals together from different backgrounds and with diverse views, it could lead to more innovative ways of thinking. As a result, it may
‘What kind of lawyer do I want to be’ is a very wide question open to a whole range of interpretations. Choosing to study Law at university almost certainly means becoming either a barrister or a solicitor will be the route to follow, but this choice as well as deciding whether to practice civil or criminal law is one which requires substantial thought. Having carried out work experience at my local Crown Court, and visited the Exeter Crown Court, it has impacted how I see my future. Additionally, my independent research coupled with seminar tasks in negotiation and advocacy have also helped to shape my decision. These experiences have brought to my attention a range of ethical concerns within the courtroom, however there are two issues in particular that have stood out. The first being cross-examination of vulnerable witnesses and defendants, for example, the elderly, rape victims, and children, and the second issue being legal aid and its impact. Learning about legal aid within the legal foundations course has opened my eyes to the struggle of the ‘ordinary person’ unable to obtain legal advice, and the significant, increasing divide between city firms advising corporate clients and the ‘high street firm’ advising the everyday citizen. Both of these issues have impacted on how I see my future as a lawyer.
For the reasons described above, Court’s insistence on high level of transparency is insufficient to guarantee protection for consumers and in fact may lessen it. However, the inclination that non-transparent terms are not unfair per se is supported. Consumers’ indifference to the existence of transparency might well be transposed to the lack of it. Since consumers suffer from the behavioural flaws described above, they cannot take full use of disclosure mechanisms. The proposition that transparency should not legitimize unfair terms is also welcomed, because in spite of accepting them, consumers might have not read or understood them.