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Will There Be Fallout from Clementi? The Repercussions for the Legal Profession after Legal Services Act 2007


John Flood


UCD; University College London; University of Westminster School of Law

September 1, 2012

2012 Michigan State Law Review 537-565
Miami-Florida European Union Center Jean Monnet/Robert Schuman Paper Series, Vol. 8, No. 6
U. of Westminster School of Law Research Paper No. 08-03
Michigan State Law Review, Vol. 2012, 2012

Abstract:     
The paper presents the historical arguments that led to the Clementi review of the legal profession and its culmination in the Legal Services Act 2007. There were two strands: one based on consumerism (too many complaints about lawyers' services); the other based on a sustained investigation by the competition authorities into professions' restrictive practices (anti-competitive unless proved in the public interest). These led to the abandonment of traditional forms of organization for lawyers' practices (alternative business structures) and the imposition of a new regulatory structure for the profession (oversight and frontline regulators).

In the second part of the paper I examine the trends in lawyers' practices as currently pursued and as envisaged by the Act as aligned with our conceptions of professionalism. Using two hypotheticals: Tesco Law, and Goldman Sachs Skadden, I chart a move from professionalism to deskilling and proletarianization in the legal profession, not unlike that which existed in the 19th century. I also chart some of the changes that are about to result from the applications for Alternative Business Structure status being currently made. In the two months that applications have been open, over 130 applications have been submitted.

This dystopian view, which is essentially a top down conception of the legal industry, is contrasted with a more optimistic view based on the changes in the idealization of careers and life as represented by Generation Y. This is augmented by the changing nature of work, ie, post-Fordist, within organizations which in a number of ways escapes control and measurement because the distinctions between production and consumption, work and leisure allied with distributed network forms of production blur the boundaries that we have taken for granted. In contrast to the socio-economic approaches, I argue that we must examine conceptions of career, inclusion and exclusion, vocation, and community in order to understand how the professions will adapt to the postmodern condition.

Number of Pages in PDF File: 29

Keywords: Clementi, legal profession, lawyers

JEL Classification: J44, J62, L84

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Date posted: May 3, 2008 ; Last revised: December 8, 2012

Suggested Citation

Flood, John, Will There Be Fallout from Clementi? The Repercussions for the Legal Profession after Legal Services Act 2007 (September 1, 2012). 2012 Michigan State Law Review 537-565; Miami-Florida European Union Center Jean Monnet/Robert Schuman Paper Series, Vol. 8, No. 6 ; U. of Westminster School of Law Research Paper No. 08-03; Michigan State Law Review, Vol. 2012, 2012. Available at SSRN: http://ssrn.com/abstract=1128398 or http://dx.doi.org/10.2139/ssrn.1128398

Contact Information

John A. Flood (Contact Author)
UCD ( email )
Roebuck Castle
Belfield
Dublin 4
Ireland

University College London ( email )
Faculty of Laws
Endsleigh Gardens
London, England WC1H 0EG
United Kingdom
HOME PAGE: http://www.johnflood.com
University of Westminster School of Law ( email )
4 Little Titchfield Street
London, England W1W 7UW
United Kingdom
HOME PAGE: http://www.westminster.ac.uk
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