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Thomas D. Morgan wrote “Inverted Thinking about Law as a Profession or Business” from Journal of The Professional Lawyer. The purpose of this article is to discuss whether the practice of law should be seen as a business or profession. This article lays out the differences in meaning to business and profession as it applies to the practice. It also assesses the type of work lawyers do and the personal characteristics involved to practice. The author supports his ideas as well as his argument, by discussing each element of law as a business or profession to support his opinion. The remainder of this essay will analyze the method the author uses to organize his article, as well as further explaining the content.
The assumed audience of this
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This article does not have a bibliography, instead it has footnotes throughout each page. The article goes into further detail in the footnotes about specific references mentioned, which are marked with a number that correspond with its’ explanation. Morgan is referencing important people, events, other articles, and places that pertain to the article’s content. The author neatly separates each topic with headings and subheadings and discusses each aspect of his argument as to whether the practice of law is a business or profession. For example: “III. Problems Lawyers Have Thinking about Professionalism Today” as a heading (Morgan 122). As a subheading: “Increased Number of Practitioners” (Morgan 123). The author uses this form of writing style to organize and clearly display each element of the article for the reader to better understand its’ …show more content…
The author also references another book he has written in the introduction. He states: “In my book The Vanishing American Lawyer, I declared: ‘Law in America is not a profession—and that’s a good thing.’ I intended the statement to be provocative, but some responders found it troubling.” (Morgan 115). Morgan discloses that he is not new to writing or to the topic; he has published previous literature about lawyers. He is also critical of his own field in the sense that he leaves room for debate in whether law is a profession or a
...hat of how to apply law effectively. Now, I’m able to participate in casual conversations about sports, but I’m more interested in conversing about the structures of free agency, labor-related issues and the drafting and negotiation of contracts.
Matzko, John A., "'The Best Men of the Bar': The Founding of the American Bar Association," in The New High Priests: Lawyers in Post-Civil War America, Gerard W. Gawalt (ed.), (Westport, Conn.: Greenwood Press, 1984), pp. 75-96.
However, when Turow went to the psychiatrist, the earliest availed appointment was a month away from the initial point of contact. In Turow’s case, the level of mental stress turned out to be a fair interpretation of the first years-typical experience attending Harvard Law School in the 1970’s. The Socratic method is still practiced by law-schools conducting advocacy training for lawyers entering litigation. Harvard Law School is still considered one of the primary epicenters of legal development-in flux. Scott Turow attended Harvard Law with a publishing contract at-will, though, his depictions are apparently accurate. I think the central theme circle to One-L is to understand that being an achiever who thrives on brilliance must needs be limited within reason. Substance abuse is a zero-sum solution whereas mental deterioration is also noted. Additionally, time is of extraordinary importance regarding the first and only highlight, family is what held life together for Turow in the chaos surrounding his quest for knowledge. In closing, One-L illuminates the silver lining of practicing honor; through the Socratic method at Harvard Law
In Dan McCall’s essay, “From the Reliable Narrator,” McCall stresses that the lawyer/narrator should be viewed as a reliable and trustworthy source. His perspective on the lawyer a “distinct minority”, as he feels very few view the lawyer in that way. Many critics see the lawyer as the opposite of McCall, and inforce that the lawyer is unreliable and blameworthy. That he is a representation of ‘consumer capitalism” and the he ‘is simply incapable of recognizing-the political and economic forces that have made him what he is” (McCall, 272). McCall uses other critic’s perspectives in order to reflect light on his own. He explains that the lawyer is someone he trusts, when he first read it at the age of eighteen and even now, because the lawyer
The main idea was to regulate the career and set the standards to which a person who recognized him or herself as a paralegal had to satisfy. It then became apparent, that the members of this association were adamant to define a line from those who were clerks, assistants or secretaries to those who had the proper training and experience in the field. That movement prompted other organizations to be fo...
Miller, Roger LeRoy., Meinzinger, Mary. Paralegal Today: The Legal Team At Work. Clifton Park, NY : Delmar Cengage Learning, 2010. Print
Sir Anthony Mason, ‘The Independence of the Bench’ (1993) 10 Australian Bar Review 1, quoted in The Hon Sir Gerard Brennan AC, ‘Profession or Service Industry: The Choice’ (Speech delivered at the Australian Bar Association Conference), San Francisco, 18 August 1996.
Kubasek, N., Brennan, B., & Browne, M. (2012). The legal environment of business: A critical thinking approach (6th ed.). Upper Saddle River, NJ: Pearson Education.
Throughout modern civilization, the American republic is widely known for its dependency upon the realm of business. Equally as vital, looms the ever-present hand of the American law system. “All beings have their laws: the Deity…man his laws” (Montesquieu,1), this statement serves true in founding that law is consistently a necessary portion in society because all society desires law. As a consequence of the continual presence of law, careers aimed to interpret the crevices of laws, and to defend them, are synonymously as necessary in society. Absolutely, the gain of America’s economy is a direct reflection of the lawyers who protect them. Lawyers are a necessity to the nation; serving their purpose as defenders of the law. The system of corporate law is undoubtedly the cornerstone of corporate finance, and as citizens begin to thrive more immensely in a capitalistic nation, legal representation will be the trailblazer to the continuation of the American system of corporations. As I embark upon the journey of excellence into the world of corporate law, I endeavor to change the way business is defended, upheld, and represented.
The paralegal industry has changed over the last thirty years, and according to Kane, “Is one of the fastest-growing professions on the globe”. There is a predicted growth rate of 28% between 2008 and
'Lawyers are all right, I guess - but it doesn't appeal to me,' I said. 'I mean they're all right if they go around saving innocent guys' lives all the time, and like that, but you don't do that kind of stuff if you're a lawyer. All you do is make a lot of dough and play golf and play bridge and buy cars and drink Martinis and look like a hot-shot. How would you know you weren't being a phony? The trouble is, you wouldn't' (Salinger 172).
Professionals are people who have equipped themselves with the knowledge and skills in a given field. The interest of improvement of the professional identity is an evidence of how high standards are placed upon the professionals in the community (Johnson et al., 2012). Each profession creates its norms, values and scope of practice that distinguishes it from any other profession. Different legal ethics are upheld and everyone needs to work as per the stipulated ethics in the field to be part of the profession. People in the field are expected to be knowledgeable and independently use decision
Although the legal profession is a single discourse community, it is made up of many smaller discourse communities. This is so because while all lawyers share the same broad goals of the legal profession and have a general knowledge and expertise in all areas of the law, most lawyers after graduating from law school and passing the bar exam specialize in a particular area of law. This specialization requires the lawyer to go beyond the broad concepts of law as a whole and to become knowledgeable and proficient in the sometimes minute details of a more specific area of law. Even then, some lawyers will go even further to focus on one aspect or another of that particular area of law. This results in most lawyers being members of many even smal...
Sheehan, James. The lawyer's lawyer. New York: Center Street, 2013. Print. this book tells me about lawyers about how they differ from other people
William O. Douglas said, "Common sense often makes good law." Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.