Thesis (Ph. D.)--Bryn Mawr College, 2005. / Vita. Includes bibliographical references (leaves 214-229).

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Cause lawyers maintain primary commitments to causes and pursue political and moral objectives that go well beyond the traditional lawyering objective of client service, which is the goal of most conventional lawyers. In this research I conduct in-depth interviews with cause lawyers involved in efforts for social change in post-Katrina New Orleans to develop a richer understanding of their roles within social movements and how they conceive of and negotiate the core tensions in their work. I investigate the lawyers' roles within social movements situated in legal, political and social climates that are overwhelmingly inhospitable to their ultimate goals. Ultimately, this research presents a portrait of cause lawyers who develop alternative modes of practice that are more commonly associated with movement organizers and more closely aligned with movement goals of individual and community empowerment than are traditional models of lawyering.

A research report submitted to the Faculty of Management, University of the Witwatersrand, in partial fulfillment of the requirements for the degree of Master of Management / In order to provide an effective legal service, all attorney must, inter alia, be an effective manager and service provider. Competencies are characteristics that are causally related to effective performance. The study investigated the managerial and service competencies which attorneys require to perform effectively. In addition, the perceived training needs of attorneys in the identified competencies were investigated. The competencies were initially identified by means of a literature review and interviews with senior members of the legal profession. The thirty-one competencies so identified formed the basis for a questionnaire which was administered to practising attorneys. The 85 respondents rated the importance of the competencies and determined the need for training in these competencies. The survey revealed that twenty-nine competencies were considered important for effective management and service provision. The competencies were ranked in order of importance. / AC 2018

中國自一九七八年以來一直致力於法制現代化建設，但至今仍未能建立一個具有高度凝聚力和獨立性的法律共同體，國家與法律職業之間的關係依然緊張。職業主義並沒有隨著過去三十年的法律發展而成為改革的核心。在這種背景下，非職業化法律服務制度在中國的發展無疑值得進一步的關注與研究。 / 本文將分析國家在職業化與非職業化機制中所扮演的角色。在全面評估非職業化法律服務發展概況的基礎上，分析的焦點將放在基層法律工作者和非政府組織雇員這兩類重要的非職業化服務團體上。本文也將通過實證研究與比較研究的方法對這兩種類型的非專業人士進行深入的探討。 / 本文通過以上視角得出若干重要的啟示。第一， 非職業化法律制度的發展主要服務於國家控制的目標。第二，非職業化法律服務團體的生存與發展必須建立在滿足特定國家機構利益的前提上。第三，在本文所觀察的樣本中，非政府組織雇員比基層法律工作者更有效率。總體而言，國家在職業化和非職業化機制的形成與運作中都發揮了決定性的作用。 / Since 1978 China has been committed to modernizing its legal system, yet a cohesive and independent community of legal personnel is far from established and the tension between the state and the legal community remains high. Despite three decades of legal development, China has not truly made professionalism central to its reform agenda. Among many others, one noteworthy but understudied aspect is the widespread use of non-lawyers in the legal services system. / This dissertation aims to examine the role of the state in the making of professional and non-professional mechanisms in China. In addition to a holistic evaluation of non-professional legal services, the dissertation includes empirical studies and comparative analyses of the two most important groups of non-lawyers the government-sponsored basic-level legal workers and the non-lawyer staff of non-governmental organizations. / These perspectives reveal a number of important facts. First, the development of non-professional legal institutions mainly serves the purpose of state control. Second, non-professional groups are able to survive only by satisfying the bureaucratic interests of specific state agencies. Third, the staff of non-governmental organizations observed in this study appeared to perform more effectively than basic-level legal workers. Overall, the dissertation argues that the state dictates the formation and operation of both professional and non-professional mechanisms in China. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Pan, Xuanming. / "December 2012." / Thesis (Ph.D.)--Chinese University of Hong Kong, 2013. / Includes bibliographical references. / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract and appendix 1 also in Chinese. / List of thesis entitled --- p.vi / List of Figures and Tables --- p.vii / INTRODUCTION --- p.1 / Structure --- p.3 / Literature Review --- p.5 / Chapter CHAPTER 1 --- LAWYERS, NON-LAWYERS AND THE CHINESE STATE: HISTORICAL BACKGROUND --- p.16 / Chapter 1.1 --- Litigation Masters: the Legal Occupation in Imperial China --- p.16 / Chapter 1.2 --- The Short-Lived Professionalization during the Republican Era --- p.18 / Chapter 1.3 --- The Communist Revolution Discontinuing Professionalization --- p.21 / Chapter 1.4 --- Political Turmoil (1957 - 1977) Destroying the Whole Legal System --- p.26 / Chapter 1.5 --- Restoration of the Legal System and Renaissance of the Legal Profession --- p.33 / Chapter 1.6 --- Conclusion --- p.40 / Chapter CHAPTER 2 --- NON-PROFESSIONAL DISPUTE RESOLUTION: THE CASE OF NON-LAWYERS’ MEDIATION --- p.42 / Chapter 2.1 --- Non-lawyers’ Mediation in Imperial China --- p.42 / Chapter 2.2 --- Non-lawyers’ Mediation as a Way of Communist State Building --- p.48 / Chapter 2.3 --- Judicial Professionalization and the Decline of Mediation --- p.57 / Chapter 2.4 --- A Growing Need of Social Control and the Re-emphasis on Mediation --- p.59 / Chapter 2.5 --- Conclusion --- p.64 / Chapter CHAPTER 3 --- NON-PROFESSIONAL LEGAL REPRESENTATION: THE CASE OF NON-LAWYER REPRESENTATIVES --- p.65 / Chapter 3.1 --- The Role of Non-lawyers in Civil Justice: Comparative Perspectives --- p.65 / Chapter 3.2 --- The Origins of Non-lawyer Representatives in China --- p.67 / Chapter 3.3 --- Authorizing Non-lawyer Representatives in the Civil Procedure Law --- p.70 / Chapter 3.4 --- Uneven Development, Regional Disparities and the Vagueness of Central Laws --- p.76 / Chapter 3.5 --- Regulating Non-lawyer Representatives at the Local Level --- p.85 / Chapter 3.6 --- Conclusion --- p.91 / Chapter CHAPTER 4 --- GOVERNMENTAL NON-LAWYERS: THE CASE OF BASIC-LEVEL LEGAL WORKERS --- p.93 / Chapter 4.1 --- The Origins and Development of the BLW System --- p.93 / Chapter 4.2 --- The BLW System as an Exceptionally Authorized Group of Non-lawyers --- p.98 / Chapter 4.3 --- The Ministerial Policies vs. the Law on Lawyers --- p.103 / Chapter 4.4 --- The Growing Need of Legalization for the BLW System --- p.107 / Chapter 4.5 --- The Failure of Legalization and Continued Local Support for the BLW System --- p.111 / Chapter 4.6 --- Conclusion --- p.115 / Chapter CHAPTER 5 --- NON-GOVERNMENTAL NON-LAWYERS: THE CASE OF NGO NON-LAWYERS --- p.118 / Chapter 5.1 --- The Development of Non-Governmental Organizations in China: an Overview --- p.118 / Chapter 5.2 --- Beyond the Official Perspective: Typology of Chinese NGOs --- p.122 / Chapter 5.3 --- A Case Study of Grassroots Labor NGOs in the Pearl River Delta --- p.125 / Chapter 5.4 --- A Further Examination of the Policy Environment and Survival Strategies of Labor NGOs in the Pearl River Delta --- p.133 / Chapter 5.5 --- Conclusion --- p.141 / Chapter CHAPTER 6 --- REPORT UPON FINDINGS OF THE FIELDWORK CONDUCTED WITH BASIC-LEVEL LEGAL WORKERS --- p.143 / Chapter 6.1 --- Focus of the Fieldwork and Account of the Methodology --- p.143 / Chapter 6.2 --- The Affiliation with the Local Government --- p.152 / Chapter 6.3 --- Human Resources --- p.156 / Chapter 6.4 --- Finances --- p.161 / Chapter 6.5 --- Duties and Work of the Basic-level Legal Workers --- p.165 / Chapter 6.6 --- Conclusion --- p.173 / Chapter CHAPTER 7 --- REPORT UPON FINDINDS OF THE FIELDWORK CONDUCTED WITH NGO NON-LAWYERS --- p.175 / Chapter 7.1 --- The Role of NGO Non-lawyers in the Legal Aid System --- p.175 / Chapter 7.2 --- Focus of the Fieldwork and Account of the Methodology --- p.178 / Chapter 7.3 --- Human Resources --- p.184 / Chapter 7.4 --- Financial Resources --- p.190 / Chapter 7.5 --- Services Available from the NGO Non-lawyers --- p.193 / Chapter 7.6 --- Conclusion --- p.212 / Chapter CONCLUSION --- p.214 / Chapter APPENDIX 1 --- THE INTERVIEW SCHEDULE FOR BASIC-LEVEL LEGAL WORKERS (ORIGINAL VERSION) --- p.219 / Chapter APPENDIX 2 --- A NOTE ON FIELDWORK LOCATIONS AND THE DEFINITION OF A CITY IN CHINA --- p.235 / Chapter APPENDIX 3 --- A NOTE ON LEGAL RULES CITED IN THIS DISSERTATION --- p.239 / BIBLIOGRAPHY --- p.245

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As alterações legislativas ocorridas no ano de 2015, notadamente a promulgação do Código de Processo Civil e da Lei de Mediação, inseriram uma regulamentação mais detalhada sobre os meios consensuais e os instrumentos processuais de cunho consensual, inclusive no âmbito do processo judicial adjudicatório. Esses parâmetros de atuação profissional diferem da forma atualmente difundida e aplicada, fazendo com que os advogados precisem se adequar à nova realidade. Na presente dissertação, as formas de atuação foram sistematizadas em três categorias, de acordo com as características apresentadas pelo cliente: assessor neutro, conselheiro e cocriador do projeto de sistemas de disputas. Para investigar como essas práticas poderiam ser operacionalizadas, especialmente em relação aos meios e instrumentos consensuais, foram analisados: as possíveis abordagens analíticas de conflito, com enfoque em sua percepção como um fato natural e neutro, positivo ou negativo; a tendência à judicialização de conflitos; e alguns meios e instrumentos consensuais, a título exemplificativo, passíveis de utilização para resolução de controvérsias. Tais temas foram estudados para que pudessem ser feitas proposições, ao final desta pesquisa, sobre capacitação do profissional, formas de atuação e a conveniência de criação de setores específicos nos escritórios de advocacia para que os advogados possam utilizar a consensualidade de forma estratégica, beneficiando sua imagem e favorecendo a resolução adequada e efetiva dos conflitos que lhe são apresentados para análise. Dentre tais propostas, estão uma formação acadêmica e profissional mais voltada à adequação de meios - em substituição à busca automática pelos meios adjudicatórios a serem utilizados, à personalização dos serviços advocatícios oferecidos aos clientes e à análise cuidadosa dos mais diversos aspectos fáticos - em virtude dos possíveis impactos na fidelização do contratante e nos ganhos financeiros auferidos pelo profissional. / Legislative changes of 2015, notably the enactment of the Civil Procedure Code and Mediation Law, inserted more detailed rules about consensual dispute resolution and consensual procedural instruments, including in the context of judicial adjudicatory proceedings. These parameters of professional performance differ from the currently widespread and aplied form, making lawyers need to adadpt to the new reality. In the presente dissertation, the forms of action were systematized into three categories, according to clientes characteristics: neutral adviser, counselor or co-creator of dispute design system. In order to investigate how these practices could be operationalized, especially in relation to consensual procedures and instruments, we assessed: the possible analytical approaches of conflict, focusing on perceiving them as a natural and neutral fact, positive or negative; the tendency towards the judicialization of conflicts; and some consensual procedures and instruments, by way of example, which can be used for the resolution of controversy. These subjects were studied so that proposals could be made, at the end of this research, on professional up-skill, forms of action and the advisability of creating specific sectors in law firms so that lawyers can use consensuality in a strategic way, benefiting their image and favoring the proper and effective resolution of the conflicts presented for their analysis. Among these proposals there are an academic and professional up-skill with more focus on the procedures\' adequacy - replacing the automatic use of adjudicatory procedures, personalizations of the legal services offered to the clients and the careful analysis of the factual aspects - due to to the possible impacts on the loyalty of the contractor and the financial gains earned by the professional.

This dissertation is a social, political, and cultural history of the organized Chilean legal profession in the first half of the twentieth century. It explores the causes for the creation of the Chilean Bar Association and its Legal Aid Service in the mid-1920s and follows their evolution until the mid-1960s. In the early twentieth century, lawyers were dealing with growing internal and external challenges to the traditional power they had occupied in the Chilean state throughout the nineteenth century. The main internal challenge was the social and political diversification of lawyers; the external one was the social question and working- class mobilization, which represented a threat to the existing oligarchic social and political order. Both issues questioned the traditional place of lawyers in society, their formalistic understanding of the legal system, and the role of law as the main state- building tool. In response to these threats, a group of male elite Santiago lawyers founded the Bar Association in 1925, and its Legal Aid Service, in 1932. These two institutional mechanisms created and enforced a hegemonic discourse of “professional prestige” that affirmed the power of the traditional legal elite over the growing number of middle-class, leftwing, provincial, and women lawyers. These two institutions also modified the engagement of the legal profession with the state, replacing its former political engagement with a new technical, “apolitical” and “social” function of lawyers more atuned to the new welfare state. The internal power dynamics within the Chilean Bar Association and the Legal Aid Service explain the process through which the Chilean legal profession defined the “legal field,” as increasingly distinct from, but in constant tension with, the “political”and the “social” fields. Indeed, through the combined action of the Bar Association and the Legal Aid Service, lawyers were directed to deal with social inequalities, but only to the extent that this engagement did not challenge the formalistic approach to legal procedures and the liberal understanding of property rights. Furthermore, the final result of this professional project was to push lawyers to withdraw from the field of politics and from the public sphere. However, the process of imposing this notion of lawyering was constantly contested and negotiated with a diversifying constituency of rank-and-file lawyers, and subjected to increasing external pressures from the press, the state, and the lower classes. Thus, the professional model that the Bar had contributed to construct and maintain in the first half of the century would become increasingly contested in the revolutionary decades of the 1960s and 1970s. The relative success of the Bar Association in imposing its model of lawyering in the first half of the twentieth century allows us to understand why the legalistic framework that Chilean lawyers had inherited from the nineteenth century did not change over the course of the twentieth despite the momentous social and political evolution that both profession and country experienced in this period. The history of the Chilean Bar Association thus provides an institutional explanation for the continuity of ideas about the law in the face of accelerated social transformations. At the same time, by revealing the tensions and the resistance that this project faced, the history of the Bar also reveals the gears that would eventually lead to the legal profession’s historical change.