This chapter looks at lawyers in a broad social context. Lawyers hold a position of privilege within society by virtue of their knowledge about the law. It explores why lawyers have this special status and the role that they play in the broader society. This is coming under challenge as a range of other individuals and groups seek to take on what might be traditionally seen as legal work. There is also a tension between the wish to maintain the integrity of the legal profession, while increasing access to it. The chapter shows that the legal profession is under challenge from a number of directions.
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2. The social context of the legal profession
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2. Law and society: the purposes and functions of law
This chapter discusses the social functions of law at both the macro and micro levels. The macro functions of law cover the relationship between law and different orders: public order, political order, social order, economic order, international order, and moral order. They also include the resolution of social problems, the regulation of human relationships, and the educative or ideological function of law. The micro functions of law include: defining the limits of acceptable behaviour, the consequences of certain forms of behaviour, and processes for the transaction of business and other activities, as well as creating regulatory frameworks, giving authority to agents of the state to take actions against citizens, preventing the abuse of power by officials, giving power/authority to officials to assist the public, and prescribing procedures for the use of law.
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18. Understanding clients: individuals and businesses
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter uses a client case study to explore life events that will require individuals and businesses to have recourse to the law. It also looks at how both individuals and businesses raise money, showing that there are many reasons why individuals and businesses will have recourse to the law. Often the need for legal services is triggered by some form of important life event, such as moving house, divorce, or setting up a business. All life events will have a legal and financial impact on individuals and businesses. Lawyers need to anticipate their clients’ needs in the light of this.
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7. Reading cases and legislation
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter describes how to read and understand primary sources of law in academia and in practice. It provides examples of legislation (statute and statutory instrument) and case law (including both new and older styles of reporting). Techniques are suggested to read and understand these primary sources of law effectively and efficiently. Annotations are provided to explain the features on which to focus and how to understand what information the sources is supplying, and where. Encouraging familiarity with the layout of a source in turn develops understanding of how to best navigate, read and understand the source. Practical strategies for reading are also included.
