NCJ Number
64043
Journal
International Journal of the Sociology of Law Volume: 7 Issue: 4 Dated: (NOVEMBER 1979) Pages: 417-432
Date Published
1979
Length
16 pages
Annotation
IN THIS JOURNAL ARTICLE, HIGHLIGHTS OF THE LEGAL CULTURE OF AUSTRALIA ARE PRESENTED, FROM SURVEYS OF LAWYERS AND CLIENTS.
Abstract
IN IS ARGUED THAT THERE IS A DISTINCT LEGAL CULTURE IN AUSTRALIA THAT INFLUENCES ALL WHO COME INTO CONTACT WITH THE LEGAL SYSTEM. LAWYERS SHARE AND PERPETUATE THE VALUES OF FINANCIALLY WELL-ESTABLISHED AND CONSERVATIVE GROUPS, INFLUENCING MEMBER OF THE COMMUNITY AND ESPECIALLY THEIR CLIENTS TO ACCEPT THESE VALUES. A 1975 SURVEY OF 927 CLIENTS INDICATES THAT LAWYERS' PROFESSIONAL ACTIVITIES AND OPINIONS ARE NOT USUALLY QUESTIONED BY THEIR CLIENTS. ALTHOUGH CONSUMER ADVOCATES DEPLORE SUCH UNQUESTIONING RESPECT, AND THE LEGAL PROFESSION IS CHANGING IN SOME WAYS WITH REGARD TO THIS, LAWYERS' DOMINANCE IS NOT EXPECTED TO CHANGE. A 1977 SURVEY OF 543 LAWYERS IN NEW SOUTH WALES AIMED AT UNCOVERING THE DIVERSITY OF LAWYERS' ACTIVITIES, VALUES, AND ATTITUDES, RESULTED IN AN IDENTIFICATION OF THREE MAJOR FACTORS, WITH WHICH TO COMPARE INDIVIDUAL LAWYERS' POINTS OF VIEW: POWER AND DOMINANCE, PRESERVATION OF THE STATUS QUO AND LAWYERS' FREEDOM TO DO AS THEY CHOOSE; 'LAISSEZ-FAIRE', FREE ENTERPRISE FOR LAWYERS; AND 'GEMEINSCHAFT', OR EMPHASIS ON QUALITY AND ETHICS. TESTING THESE FACTORS AGAINST OTHER SURVEY FACTS AND VARIABLES REVEALS, FOR EXAMPLE, THAT YOUNG LAWYERS IN LARGE, PRIVATE PRACTICE FIRMS EMPHASIZE POWER AND DOMINANCE, THOSE WORKING FOR PRESTIGIOUS FIRMS EMPHASIZE LAISSEZ-FAIRE, AND LAWYERS IN FAMILY LAW, 'GEMEINSCHAFT'. TABULAR INFORMATION AND REFERENCES ARE INCLUDED. (PAP)