•  4
    Agency over technocracy: how lawyer archetypes infect regulatory approaches: the FCA example
    with Trevor Clark, Steven Vaughan, and Alan Brener
    Legal Ethics 24 (2): 91-110. 2022.
    In this article, we look at the contested role of in-house lawyers in regulated organisations in the financial sector. A recent Financial Conduct Authority consultation on whether to designate the head of legal of banks, insurance companies and other financial firms as ‘Senior Managers’ and the decision which flowed from it, reflected a flawed view of lawyers as a neutral technocracy of mere legal technicians; we show how the FCA’s decision is potentially damaging to the public interest and fail…Read more
  •  15
    Lawyers and other legal service providers
    In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research, Oxford University Press. 2010.
    This article revolves around the issue of whether or not legal professions deserve their status as professions. It looks at how empirical literature addresses this issue, concentrating on lawyers working within law firms in common law systems. A discussion of the way the profession is structured, and the creation of elites within elites, has intersected with arguments about the demography of the profession. In addition, this article considers the literature that looks at the quality of lawyering…Read more
  •  29
    ABSTRACTCommercial lawyers often signal that ‘client first’ is an essential element of their professional DNA, and some scholarly proponents have laid claim to a moral justification for zeal. That moral justification is found, in particular, in the notion of lawyers as friends. One critique of zeal is that this moral claim is bogus: that ‘client first’ is a convenient trope for disguised self-interest. This paper explores the empirical validity of this ‘client first’ ideal through a value-based …Read more