Commoditisation is defined as removing the uniqueness from a service, rendering it generic. Legal services, in this context, comprises of different entities giving legal advice to the public. The commoditisation of legal services describes how there has been a recent rise in the supply of legal services and legal fees are starting to become the only difference between them. A commercial approach is applying the law in a business sense. Therefore, I will discuss whether the price-based competition in the legal sector will make legal services a commodity in the future and if taking a commercial approach whilst giving legal advice will increase or reduce its quality.
The preconception that access to legal services is expensive may stop areas of
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This may make legal advice become a matter of profit and not a matter of a lawyer’s personal interests. This can be seen in no win no fee arrangements, where solicitors calculate their success fees to yield tangible dividends if they win, which could be seen in the terms of Conditional Fee Agreements. Referring to profit margins when considering who receives financial advice will create a causal link between the financial benefits of the advice and the respective advice given, which could result in a two-tier society involving those who can receive legal advice and those who cannot. By applying the law in a business sense, lawyers will prioritise cases which are of greater financial benefit, which is necessary in a profit-driven corporate structure but may consequent in some clients being deemed inferior to others. Therefore it can be argued that taking a commercial approach to giving legal advice can disenfranchise areas of the population from receiving a high standard of legal advice and create inequality between …show more content…
When lawyers are adept in terms of business matters, they can use this knowledge to understand the client’s market and the different legal developments affecting the business world. By understanding these legal developments which create business issues such as your clients’ competition and how their market is developing, the quality of advice will be enhanced as your client will be relying on your knowledge of the legal and business sector to help them solve their legal issues. A commercial approach also helps lawyers to create alternative motives for providing clients with advice as the demand for legal services increases and its provision becomes more profitable there will be more potential consumers, giving lawyers more discretion to choose the cases which will conform to their own beliefs and attitude to justice and which they have a genuine interest. This will also allow lawyers to make trusting rapports with their clients, improving the standard and legitimacy of the advice whereas, if there was no commercial approach taken and no corporate foundation, lawyers may give morally conflicting legal advice to increase their revenue, especially due to the legal aid cuts which is reducing the amount of work available to lawyers. Creating an emphasis on commerciality will also make lawyers more likely to share the risk and engage more closely with
The role of law reform has responded rather effectively to a certain extent in protecting the rights of consumers. This is evident in the legal responses introduced to address issues of credit, marketing innovation and technology. These law amendments has effectively increase the protection of the rights of consumers to a certain extent, however loopholes still exist. Due to the increasing range of goods and services continues to grow and the failure of existing laws, the role of law reform has been significant in protecting the rights of consumers. Consumer laws were created to prevent deceitful activities, or unfair business practices, as well as serving a protection for weaker parties who are unable to protect themselves. However, laws were later reformed to enable customers to transact with confidence and protect suppliers, consumers from inappropriate business conduct and to reflect changed community values and circumstances.
Since 15th century, barristers have been split up into two professions in United Kingdom, Barristers and Barristers. Barristers have traditionally been the people who research cases, deal with clients directly, and Barristers have had the rights of advocate in courts. Hence, Barristers' ethical duties are very important to the court and the client, and this is an essay to discuss the duties to the court, clients and conflicts in between.
Firstly, as barristers are professionally bound to accept a brief, the cab rank rule promotes access to justice by ensuring legal representation is available to all, including the undesirable client or the unpopular cause. This ensures equality before the law and allows clients to be represented by a barrister of their choice. As the choice belongs to the client, not the lawyer, this improves the quality of legal representation available. It promotes the ideal of service for t...
Moreover, "Many of these parties are seeking to enforce fundamental rights given them by Congress such as workplace, labor or civil rights which they often test in court proceedings." (New Talk; Would "looser pays" eliminate frivolous lawsuits and defenses?"; 2008) Additionally, the American Rule leaves the lawyer's fees to be freely bargained between the lawyer and his client. Whereas if a client feels that she stands, for whatever reason, a better chance of winning her suit by contracting the services of a high price lawyer of her choice she then has the freedom to do that. As John Fabian Witt, Professor of Law at Yale Law School explains "As soon as you adopt the English rule of loser-pays, then courts will have to monitor and rule on the reasonableness of those fees." Under the English rule the defendant may spend a large sum of money in court in a victory only to have their legal fees deemed "unreasonable" by the court leaving them to pay the bill. You might win the lawsuit but you still loose. Finally, from a business perspective; under the English Rule the idea of becoming a lawyer and opening a practice seems a lot less lucrative and somewhat riskier than opening a practice under the American Rule legal fee payment
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.
Under which theory or theories of product liability can Kolchek sue to recover for Litisha’s injuries? Could Kolchek sue Porter or Great Lakes?
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...
My major is Paralegal Studies and I expect to graduate with an Associates of Arts degree in December of this year. Many years ago, as an investigator for both a private company and a county agency, I was introduced to the legal field. Recently, I was awarded the opportunity to attend college, so I decided I wanted to reenter the legal profession as a paralegal. The paralegal profession appeals to me, because I enjoy the processes of developing a case, as well as its legal aspects. A paralegal is involved in a case from the beginning to the end; from the initial client interview to assisting the attorney during the client’s trial or the settlement process. My goal is to become a paralegal for a solo practitioner or a small firm in my local area who represent clients in different areas of the law.
The Lex mercatoria was an international law of commerce governing the trades and disputes based on the customs and practices of merchants. By the nineteen century, the law of merchant was fully incorporated in the Common law, but the development of commercial law led to a conflicting mass of case law . Following the commercial community recommendations, European countries started to rationalized the commercial law by building codes . English law didn’t follow this path, but instead adopted a series of Act of Parliament focusing on specific area, such as Bills of Exchange Act 1882 and the Sale of Good Act 1893 . Finally, the rise of the consumerism forced the Parliament to recognize the separateness of certain commercial transaction and to adopted an interventionist approach that aimed to create a body of laws protecting consumers, such as the Unfair Contract Terms ACT 1977 and Consumer Protection Act 1987
As a consequence of the separate legal entity and limited liability doctrines within the UK’s unitary based system, company law had to develop responses to the ‘agency costs’ that arose. The central response is directors’ duties; these are owed by the directors to the company and operate as a counterbalance to the vast scope of powers given to the board. The benefit of the unitary board system is reflected in the efficiency gains it brings, however the disadvantage is clear, the directors may act to further their own interests to the detriment of the company. It is evident within executive remuneration that directors are placed in a stark conflict of interest position in that they may disproportionately reward themselves. The counterbalance to this concern is S175 Companies Act 2006 (CA 2006) this acts to prevent certain conflicts arising and punishes directors who find themselves in this position. Furthermore, there are specific provisions within the CA 2006 that empower third parties such as shareholders to influence directors’ remuneration.
The litigious society of America is everywhere in the news today and throughout the past, a person suing a large company for wrongdoing and getting awarded a large sum of money. A.H. Hermann stated in his article Why is the United States of America so Litigious? For the Business Law Review of 1991 stated (Hermann 1991) “There is no need to start this article by showing that the citizens of the United States are the most litigious race on earth: the number and prosperity of their lawyers, the proliferation of courts which keep busy are notorious. When one inquires why it should be so, the answer usually points strongly to the rugged individualism of the population to the constitution which provides a frim basis for the defense of the rights of the individual, and also to the history to the history in which lawyers, rather than aristocrats, played a leading role.” The American litigious society will have to change in order for the justice system to fulfill its purpose of upholding the rights of the citizens.
Despite it’s longevity, consideration is not without criticism. Lord Goff observed in White v Jones that: ‘our law of contract is widely seen as deficient in the sense that it is perceived to be hampered by the presence of an unnecessary doctrine of consideration’. Abolition has been urged. Since the publication of the Law Revision Committee’s report in 1937, la...
In many other countries the profession is united and the system works well. Some protagonists argue that if the barristers are absorbed into firms of solicitors then experts would still be available to all.
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.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...