The legal profession is a rigidly organised occupational group in which lawyers are divided by reference to criteria such as the nature of their legal work, their clientele and their legal-cultural value orientations. It is possible to identify a number of distinctive types of lawyers by reference to these criteria. Upon the basis of a random sample of over 600 New South Wales lawyers it was possible to identify four work related lawyer types: property lawyers, litigation lawyers, commercial lawyers and generalists. It was also found that the career patterns of lawyers were heavily influenced by the nature of their first legal job so that there was unlikely to be much movement between lawyer types. Lawyers could also be typified by reference to their clientele into 'individual-client' lawyers, 'organisational-client' lawyers and 'mixed-client' lawyers. Legal ideology plays an important part in providing unity to this extremely diverse social organisation. Although it was possible to identify at least three major value orientations within the profession, that of 'cynical-realism' was by far the most important and was widely shared amongst all lawyer types. This finding was contrary to the ideal of service which official legal ideologies seek to espouse.
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References
1.
Abel, R. (1980), 'Sociology of American Lawyers: A Bibliographic Guide', Law and Policy Quarterly, 2, 335-391.
2.
Abel, R. (1981), 'Toward a Political Economy of Lawyers', Wisconsin Law Review, 1981, 1117-1187.
3.
Auerbach, J. (1976), Unequal Justice: Lawyers and Social Change in Modern America, New York, Oxford University Press.
4.
Bankowski, Z. and B. Mungham, (1978), 'A Political Economy of Legal Education', University Quarterly, 32, 448.
5.
Black, D. (1976), The Behaviour of Law, New York, Academic Press.
6.
Bledstein, B. (1976), The Culture of Professionalism, New York, W.W. Norton and Co.
7.
Blumberg, A. (1967), 'The Practice of Law as Confidence Game: Organizational Cooptation of a Profession', Law and Society Review , 1, 2, 15-39.
8.
Blumberg, A. (1979), Criminal Justice: Issues and Ironies, 2ndedition, New York, New Viewpoints.
9.
Burt, R. (1977), 'Powering a Social Typology' in P.J. Liebert and A.W. Imersheim (eds), Power, Paradigrns and Community Research , London, ISA/Sage Publication.
10.
Campbell, C. (1976), 'Lawyers and their Public', Juridical Review, 1976, 20-39.
11.
Campbell, D. et al. (1980), Annotated Bibliography on the English Legal Profession and Legal Services, 1960-78 , Cardiff, University College Cardiff Press.
12.
Carlin, J. (1966), Lawyers' Ethics: A Survey of the New York City Bar, New York, Russell Sage Foundation.
13.
Elliott, P. (1972), The Sociology of the Professions, London, Macmillan.
14.
Fitzgerald, J. (1977), Poverty and the Legal Profession in Victoria , Canberra, Australian Government Publishing Service.
15.
Forbes, J.R. (1979), The Divided Legal Profession in Australia , Sydney, The Law Book Company.
16.
Friedman, L.M. (1973), A History of American Law, New York, Simon and Schuster.
17.
Friedman, L.M. (1975), The Legal System-A Social Science Perspective , New York, Russell Sage Foundation.
18.
Galanter, M. (1974), 'Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change', Law and Society Review, 9, 95-160.
19.
Galanter, M. (1981), 'Mega-Law and Mega-Lawyering', in R. Dingwall and P.S.C. Lewis (eds), The Sociology of the Professions , London, Macmillan.
20.
Heinz, J.P. et al. , (1976), ' Diversity, Representation and Leadership in an Urban Bar: A First Report on a Survey of the Chicago Bar', American Bar Foundation Research Journal , 1976, 717-785.
21.
Heinz, J.P. and E.O. Laumann, (1979), 'The Legal Profession: Client Interests, Professional Roles and Social Hierarchies', Michigan Law Review , 76, 1111-1142.
22.
Hetherton, M. (1978), Victoria's Lawyers: The First Report of a Research Project on 'Lawyers in the Community', Melbourne , Victoria Law Foundation.
23.
Hetherton, M. (1981), Victoria's Lawyers: The Second Report of a Research Project on 'Lawyers in the Community', Melbourne , Victoria Law Foundation.
Larson, M.S. (1977), The Rise of Professionalism: A Sociological Analysis , Berkeley, University of California Press.
26.
Laumann, E.O. and J.P. Heinz, (1977), 'Specialization and Prestige in the Legal Profession: The Structure of Deference', American Bar Foundation Research Journal, 1977, 155-216.
27.
Luckham, R. (1981), 'The Political Economy of Legal Professions: Toward a Framework for Comparison' in C.J. Dias et al., (eds), Lawyers in the Third World, Uppsala, Scandinavian Institute of African Studies
28.
Maru, O. (1972), Research on the Legal Profession: A Review of Work Done, Chicago, American Bar Foundation.
29.
Mendelsohn, O. and M. Lippman, (1979), 'The Emergence of the Corporate Law Firm in Australia' , University of New South Wales Law Journal , 78-98.
30.
Merton, R.K. (1968), Social Theory and Social Structure , New York, The Free Press.
31.
Nash, G. (1979), 'Fortresses are Generally Injurious', Law Institute Journal, 53, 202-204.
32.
O'Gorman, H.J. (1963), Lawyers and Matrimonial Cases: A Study of Informal Pressures in Private Professional Practice, New York, Free Press of Glencoe.
33.
Podmore, D. (1980), Solicitors and the Wider Community , London, Heinemann.
34.
Sexton, M. and L. Maher, (1982), The Legal Mystique: The Role of Lawyers in Australian Society, Sydney, Angus and Robertson.
35.
Tomasic, R. (ed.), (1978a), Understanding Lawyers: Perceptives on the Legal Profession in Australia, Sydney , Allen and Unwin.
36.
Tomasic, R. (1978b), 'Towards a Typology of Lawyer Roles', and in R. Tomasic (ed.), (1978a).
37.
Tomasic, R. (1978c), Lawyers and the Community, Sydney, Allen and Unwin.
38.
Tomasic, R. (1978d), 'Lawyers, Technology and the Criminal Courts' , The Australian and New Zealand Journal of Criminology , 11, 219-232.
39.
Tomasic, R. (1979), 'Typifying Lawyers: A Sociological Study of the Legal Profession in New South Wales', Ph.D. Thesis, University of New South Wales.
40.
Tomasic, R. (ed.), (1980), Legislation and Society in Australia , Sydney, George Allen and Unwin.
41.
Tomasic, R. (1981), 'Criminal Lawyers and Their Clients', The Australian and New Zealand Journal of Criminology, 14, 147-155.
42.
Tomasic, R. and C. Bullard, (1978), Lawyers and Their Work in New South Wales: Preliminary Report, Sydney, The Law Foundation of New South Wales.
43.
Tomasic, R. and C. Bullard, (1979), 'Lawyers and Legal Culture in Australia', International Journal of the Sociology of Law , 7, 417-432.
44.
Zander, M. (1980), The State of Knowledge About the English Legal Profession, London, Barry Rose Publishers.
