Trials of Strength: The Reconfiguration of Litigation as a Contested Terrain

Law and Society Review, Vol. 33, pp. 595-636, 1999

42 Pages Posted: 5 Dec 2006  

Andrew Boon

The City Law School of City University London

John Flood

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

Abstract

A market for litigation for solicitor-advocates in competition with barristers was introduced by the British government. The take-up by solicitors of these new rights of audience in the higher courts was less than expected. This paper examines four fields of practice - corporate, criminal defence, personal injury, and immigration - and shows how the market cannot be treated as a uniform field and that each field has its own culture that might be receptive or not to fresh ideas that disturb the status quo. Moreover, it shows that Abbott's argument that jurisdictional battles mainly occur at the margins of a profession's remit may need to be modified. The turf war between barristers and solicitors in litigation is taking place within the core activity of legal practice not at the margin.

Keywords: lawyers, law firms, barristers, solicitors, audience, courts, litigation

JEL Classification: J44

Suggested Citation

Boon, Andrew and Flood, John, Trials of Strength: The Reconfiguration of Litigation as a Contested Terrain. Law and Society Review, Vol. 33, pp. 595-636, 1999. Available at SSRN: https://ssrn.com/abstract=949587

Andrew Boon

The City Law School of City University London ( email )

London, EC1V OHB
United Kingdom

John A. Flood (Contact Author)

Griffith University Law School ( email )

Nathan Campus
170 Kessels Road
Nathan 4111, Queensland
Australia

HOME PAGE: http://https://experts.griffith.edu.au/academic/j.flood

University of Westminster School of Law ( email )

4 Little Titchfield Street
London, England W1W 7UW
United Kingdom

HOME PAGE: http://www.westminster.ac.uk

University College London ( email )

Faculty of Laws
Endsleigh Gardens
London, England WC1H 0EG
United Kingdom

HOME PAGE: http://www.laws.ucl.ac.uk/people-at-ucl-laws/honorary-appointments/

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