The Professional Model of Law vs. The Business Model of Law: A Critical View of Opposing Trends in the United States and the People's Republic of China

51 Pages Posted: 30 Jun 2010 Last revised: 9 Jul 2010

Gary Feinberg

St. Thomas University, School of Professional Management

Date Written: April 20, 2010

Abstract

This study begins by reflecting on the literature characterizing the nature and function of a profession qua profession. It continues by arguing that based upon commonly used indicia of a profession that the practice of law in the US is de-professionalizing in significant ways and morphing towards a functioning business model. The related advantages of such a development for American society, its lawyers and their clients, including especially criminal defendants are critically discussed. It then traces the emergence and ascendancy of the rule of law in China and corresponding quest to institutionalize the practice of law in China as a profession. The study concludes by exploring the alternative advantages of applying the business model to the Chinese legal practice. It recommends that embracing a paradigm shift away from the professional model towards a business model comparable to what is happening in the US would be to the greater advantage of Chinese lawyers in terms of enhanced authority, increased self-regulation, as well as greater leverage in advocating client interests.

Keywords: China, Law,, Profession, Business, Model, Lawyers

Suggested Citation

Feinberg, Gary, The Professional Model of Law vs. The Business Model of Law: A Critical View of Opposing Trends in the United States and the People's Republic of China (April 20, 2010). Available at SSRN: https://ssrn.com/abstract=1615075 or http://dx.doi.org/10.2139/ssrn.1615075

Gary Feinberg (Contact Author)

St. Thomas University, School of Professional Management ( email )

16400 NW 32nd Ave
Miami, FL
United States

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