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Original Articles

Professional strategy and division: The Disciplinary Board of the Danish Bar and Law Society

Pages 59-84 | Published online: 21 Jul 2010

References

  • Carr-Saunders , A. M. and Wilson , P. A. 1964 . The Professions , 1st edn 1933 , 421 – 446 . Oxford : Oxford University Press . A well-known example of the obligation to serve was the English barrister who was obliged to take the cases presented to him in the order they appeared, the "cabrank rule"
  • Parsons , Talcott . 1954 . “ A sociologist looks at the legal profession ” . In Essays in Sociological Theory , Edited by: Parsons , Talcott . 370 – 385 . 374 – 74 . 384 378 – 79 . New York : The Free Press . stressing service as opposed to commercial basis in the work of the professional
  • Macdonald , Keith M. 1995 . The Sociology of Professions , 4 London : Sage . In general this perspective is labelled the functionalist approach, see
  • Keith M. Macdonald, ibid., note 3.
  • Zander , Michael . 1968 . “ Lawyers and the Public Interest ” . In A Study in Restrictive Practices , 5 – 7 . London : Weidenfeld and Nicholson .
  • Zander , Michael . 1978 . Legal Services for the Community , 173 – 174 . 176 – 199 . London : Temple and Smith .
  • Schultz , Ulrike . 1977 . Legal ethics in Germany . International Journal of the Legal Profession , 4 (1/2) : 55 – 87 . 79
  • Abel . 1988 . “ The Legal Profession in England and Wales ” . 289 – 293 . note 5
  • Abel , Richard L. American Lawyers , 27 – 28 . 28 – 30 . 48 – 51 .
  • Abel . “ The Legal Profession in England and Wales ” . 285 – 289 . note 5
  • Abel . “ The Legal Profession in England and Wales ” . 293 – 296 . note 5
  • Abel , Richard L. American Lawyers , 25 – 27 .
  • Abel , Richard L. American Lawyers , 112 – 126 .
  • This term to be introduced by Magali Sarfatri Larson, The Rue of Professionalisation, note 5.
  • Auerbach , Jerold . 1976 . “ Unequal Justice ” . In Lawyers and Social Change in Modern America , 101 – 129 . New York : Oxford University Press . on the American post-First World War experience
  • Zander . Lawyers and the Public Interest , 21 – 23 . 30 – 31 . 128 – 139 . 132 on entrance to the higher levels of the English bar as in the appointment of the Queen's Counsel
  • Zander . Lawyers and the Public Interest , 32 – 39 . on "keeping terms" for barristers
  • Burrage , Jarausch and Siegrist . 1990 . “ An Actor-based Framework for Studying Professions ” . In Professions in Theory and History. Rethinking the Study of Professions , Edited by: Burrage , Michael and Torstendahl , Rolf . 207 London : Sage . to accommodate the different experiences of the Continental and the English-American experience, since the academics in continental countries have been the ones to train the professionals. This is opposed to England, but not the USA. They hereby exclude the fifth actor, the competing profession, as suggested by Andrew Abbott, ibid., note 5
  • Zweigert , Konrad and Kotz , Heinz . 1987 . Introduction to Comparative Law, I , 128 – 130 . Oxford : Clarendon Press .
  • Siegrist , Hannes . “ Professionalisation as a process ” . In Burrage and Torstendahl, Professions in Theory and History 180 – 182 . note 19
  • Conza , Werner and Kocka , Jürgen . 1985 . Bildungsbürgertum im 19. Jahrhundert, Teil I , 9 – 26 . Stuttgart : Qett-Kotta . More about this continental European criticism in Rolf Torstendahl, Three approaches to theories of professionalism, note 4, pp. 55 and 58 mentioning civil servants as a group where one can find many professional properties, some professional strategies, but rather more strategies for status quo or politicisation as a competing strategy to professionalisation
  • Rolf Torstendahl, Three approaches to theories of professionalism, see Torstendahl and Burrage, The Formation of Professions. Knowledge, State and Strategy, note 4, pp. 48, 59, 54.
  • Abel , Richard L. 1988 . “ Lawyers in the civil law world ” . In Lawyers in Society. Vol. 2. The Civil Law World , Edited by: Abel , Richard L. and Lewis , Philip S. C. Vol. 2 , 1 – 53 . 42 – 43 . Berkeley : University of California Press .
  • Galanter , Marc and Paley , Thomas . 1991 . The Tournament of Lawyers , 121 – 138 . Chicago : University of Chicago Press . This conclusion is in accordance with the work of, of US firms pointing to five different styles of firms besides the large business firms, the specialised boutique, the lifestyle firm, the franchise
  • Wiegend , Wolfgang . 1991 . The reception of American law in Europe . American Journal of Comparative Law , 39 : 229 – 248 . 229 – 243 .
  • Watkins , Jeff , Drury , Lynn and Freddy , Don . 1992 . “ From Evolution to Revolution ” . In The Pressures on Professional Life in the 1990s , 52 Bristol : University of Bristol .
  • This is suggested as a possibility by Jørgen Hannen, ibid., note 89, p. 157.
  • Scandinavia . 1948 . Pound's theories were introduced by the Norwegian Ragnar Knoph, cf. Ragnar Knoph, Rettslige Standarder (Legal Standards') , Oslo : Grendahl & Son . Knoph based his analysis on some work of Roscoe Pound's, and his book presented the most extensive analysis of Pound's theories applied on Scandinavian law, cf. Knoph, pp. 3-4, 7-8. Knoph's use of sources reveals that he based his analysis on material from the years immediately after the First World War
  • 1963 . The Danish Weekly Lato Report 59 This was a change back from the 1960s, when the Bar and Law Society conducted a court case barring the formation of a specific law firm as a company with limited liability, cf. UfR
  • Betsenkning nr. 871 vedrerende revision afretsplejelovensafsnit om advokater, afgivetafdet afjustitsministerietden 4. april 1974 nedsatte udvalg (Report No. 871 concerning the Revision of the Administration of Justice Paragraph on Attorneys, published by the committee established by the Minister of Justice on April 4, 1974) Copenhagen, 1979, p. 59.
  • 1984 . Advokaten , : 3 – 4 .
  • Kruse , Anders Vinding . 1990 . Advokatansvaret (Lawyers' Liability) , 12 9 Copenhagen : Djöf . quotation marks are those of the author. Vinding Kruse's analysis concerns liability in torts, but the situations are related (op. cit., p. 7). Vinding Kruse argues that the professional liability is extended in tort law, compared to the professional standard and this extension is more likely to take place when the profession itself keeps the control
  • J.M. Jr. Nr. LA 1979-40002-32 (file number referring to the files of the Ministry of Justice), see the minutes of the meeting between the Ministry and the Law Society, dated November 1981.
  • Held , David . 1987 . Models of Democracy , 184 204 Cambridge : Polity Press .
  • Ibid, letter dated 26 March 1980 from the social democrat, Law Professor Ole Espersen to his party fellow, the Minister of Justice Henning Rasmussen asking when Rasmussen would forward a bill concerning the self regulation of lawyers. In 1981 Espersen was the Minister of Justice. From the attacks on the self-regulation during the debate over the bill it is clear that the prevailing attitude is against the self-regulation. The reports from the courts voiced a general satisfaction with the self regulation, cf. J.M. Jr. Nr. LA 1979-40002-32. This supports the evaluation that the change was a political one.
  • Hansen , Jørgen . 1986 . Advokatgerningen som liberait erhverv (The Catting of the Attorney as a Free Enterprise) , 43 Copenhagen : Juraconsult . Figures produced by the Agency of Monopoly Control in 1980, cf. Monopoltilsynet, Advokaterhvervets Struktur, takster og indtiening (Attorneys, the Structure of the Profession, its Fees and Income), Copenhagen, 1982. Cited in
  • Arnold , Bruce L and Kay , Fiona M. 1995 . Social capital, violations of trust and vulnerability of isolates: the social organisation of law practice and professional self regulation . International Journal of the Sociology of Law , 23 : 321 – 346 . concerning Canada
  • Hanlon and Shapland, ibid., note 45, pp. 104-122;. Heinz and Lauman, ibid., note 39, passim.
  • Jørgen Hansen, ibid., note 89, p. 157 advances the hypothesis that some people feel a discomfort simply at persons opposing them. I can sympathise with this. But would this feeling not motivate the person to avoid conflicts altogether?
  • I have searched The Lawyer and The Law Society Gazette for articles on international relations from 1996 to spring 1998, and my impression is gathered on this background. For the reference to the Scandinavian market, see The Lawyer, April 1998, p. 5 referring to negotiations between Sweden's Vinge, Norway's Krefting, Greve, Lund and Denmark's Kromann and Munter.
  • Schultz, ibid., note 9, pp. 55-87; Michael Burrage, Beyond a sub-set: the professional aspirations of manual workers in France, the US and Britain, in: Burrage and Torstendahl, ibid., note 19, pp. 65-73 talk of a move in the opposite direction, affecting groups not having a higher education. The result would be a levelling of the professionals.
  • 1998 . The Lawyer , 5 May : 2
  • 1998 . The Lota Society Gazette , 22 April : 1 4
  • Merricks , Walter and Wallman , Russel . 1991 . The Court and Legal Services Act. A Solicitors Guide , 49 London : The Law Society .
  • 1998 . The Lota Society Gazette , 16 April : 5 mentioning the appointment of the third solicitor QC and ibid., 4 February 1998, p. 4 discussing the abolition of silk. Demand of abolition of silk as a barrier for women
  • 1998 . The Latoyer , 12 April : 2
  • 1996 . The Lawyer , 12 November : 7 and ibid., 16 February 1997, pp. 5, 6
  • 1998 . The Lawyer , 10 February : 5 about foreign lawyers in Budapest protesting against regulation proposed to protect domestic firms
  • Magali Sarfatti Larson, ibid., note 5.
  • Heinz , John P. and Lauman , Edward O. 1982 . Chicago Lawyers. The Social Structure of the Bar , NY/ Chicago : Russel Sage Foundation/American Bar Foundation .
  • Carlin , Jerome E. 1966 . Lawyers' Ethics. A Survey of the New York City Bar , New York : Russell Sage Foundation . This was done by asking a representative sample of attorneys of the existing norm, or of what they knew of the code of conduct
  • Smigel , Erwin . 1973 . The Wall Street Lawyer. Professional Organisation Man? , 68 – 69 . 320 – 322 . 345 – 346 . Bloomington/London : Indiana University Press .
  • Heinz and Lauman, ibid., note 39, pp. 319-320.
  • van Hoy , Jerry . 1995 . Selling and processing law: legal work at franchise law firms . Law and Society Review , 29 : 703 – 729 . 721 Heinz and Lauman, aid., note 39, pp. 355-360 discussing the legal aid and criminal attorneys as opposed to corporate attorneys. Also labelling the successful attorney one who was able to convince clients to buy their services by offering a specific cause of action
  • Heinz and Lauman, ibid., note 39, p. 360.
  • 1970 . Advokaten , : 1 – 2 . See Tables 1-3 for an overview
  • 1972 . Advokaten , : 1 – 3 .
  • 1970 . Advokaten , : 1 – 2 .
  • 1978 . Advokaten , : 1 – 3 . However divorce was not mentioned as growth in work, although the number of divorces exploded, see annex 1
  • 1980 . Advokaten , : 1 ibid., 1981, p. 2; ibid., 1982, p. 2; ibid., 1983, p. 3; ibid., 1986, pp. 1-2; ibid., 1987, p. 3
  • 1987 . Justitsministeriet (The Ministry of Justice), Betænkning om retshjælp , Report Na 1113 on Legal Aid 160 – 161 . Copenhagen
  • 1976 . Advokaten , : 1 – 2 . ibid., 1975, pp. 1-3; ibid., 1973, pp. 1-2
  • 1974 . Advokaten , : 1 – 2 . and ibid., 1977, pp. 1-3
  • Jørgensen , Bent Nyløkke . 1983 . “ Fra faglig forening til fagforening, (From expert association to union) ” . In Festskrift til professor, dr. jur. W. E. von Eyben, (festschrift for Professor Dr. Juris. W. E. von Eyben) , 93 96 – 97 . Copenhagen : Djøf . The resistance against the grade system originated in 1953. In 1957 an attack was launched on the discretion in the advancement system. These initiatives are then not a result of the democratic moves of the 1970s but purely professional strategy
  • Jørgensen, ibid., note 66, p. 99. Judges were then excluded from these collective rules.
  • Jørgensen, ibid., note 66, pp. 112, 114,116-117.
  • 1979 . Advokaten , : 1 – 2 . ibid., 1978,pp. 1-3

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