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Developing Identity for Lawyers: Towards Sustainable Lawyering

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Developing Identity for Lawyers: Towards Sustainable Lawyering A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Høedt-Rasmussen, Inger Doctoral Thesis Developing Identity for Lawyers: Towards Sustainable Lawyering PhD Series, No. 8.2014 Provided in Cooperation with: Copenhagen Business School (CBS) Suggested Citation: Høedt-Rasmussen, Inger (2014) : Developing Identity for Lawyers: Towards Sustainable Lawyering, PhD Series, No. 8.2014, ISBN 9788793155176, Copenhagen Business School (CBS), Frederiksberg, http://hdl.handle.net/10398/8908 This Version is available at: http://hdl.handle.net/10419/208886 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. https://creativecommons.org/licenses/by-nc-nd/3.0/ www.econstor.eu Developing Identity for Lawyers Developing copenhagen business school handelshøjskolen solbjerg plads 3 dk-2000 frederiksberg danmark www.cbs.dk Developing Identity for Lawyers Towards Sustainable Lawyering Inger Høedt-Rasmussen PhD Series 08-2014 ISSN 0906-6934 Print ISBN: 978-87-93155-16-9 LIMAC PhD School Online ISBN: 978-87-93155-17-6 Law Department PhD Series 08-2014 Copenhagen Business School LIMAC PhD School Developing Identity for Lawyers Towards Sustainable Lawyering Cand.jur. et art. Inger Høedt-Rasmussen PhD dissertation submitted 29-01-2014 Inger Høedt-Rasmussen Developing Identity for Lawyers Towards Sustainable Lawyering 1st edition 2014 PhD Series 08.2014 © The Author ISSN 0906-6934 Print ISBN: 978-87-93155-16-9 Online ISBN: 978-87-93155-17-6 LIMAC PhD School is a cross disciplinary PhD School connected to research communities within the areas of Languages, Law, Informatics, Operations Management, Accounting, Communication and Cultural Studies. All rights reserved. No parts of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system, without permission in writing from the publisher. Preface All big projects start with a dream. My dream is to contribute to the development of proactive European lawyering in a globalised world, with legal advisers, who take (or retake) societal responsibilities while supporting their clients’ interests, lawyers who find joy and satisfaction in legal life and who care for sustainable lawyering. What kind of people are lawyers and is it possible to depict their identity, or is it illusory to talk about a specific lawyer identity? Are lawyers warriors fighting for social justice? Are they independent trusted advisers fighting for their clients within the law and with a consciousness of their societal responsibilities? Are practising lawyers members of a strong profession, with a collective vocation committed to ethical behaviour and access to justice for everyone? Is the ideal lawyer’s professional identity built on the common values of the profession, reflecting charismatic, authentic and incorrupti- ble characteristics of individual lawyers who maintain high standards in business and in public life? These questions refer to an idealised image that may not portray the European lawyer of to- day, and indeed it may never have been the true picture. But what is the identity and role of the European lawyer today? Are lawyers businesspeople or consultants guided by the wants of their clients or are they idealists standing up for human rights and fundamental freedoms? Are they workaholics, struggling with disillusionment and a desire to escape from the profession? Or are lawyers in transition, leaving behind the old ideals to find new ways to train and devel- op sustainable lawyering in a proactive setting? There are strong indications of changes both in the structure and content of professional law- yering. Has the profession become specialised and individualised into so many different fields with divergent values, so it is no longer relevant to talk about one profession or one identity? Lawyers as a profession have a privileged role in society based on some values and ideals which may no longer be relevant in modern society. Does the rule of law only exist in the minds of lawyers? Legal professions have always been related to nation states. As legal culture is in transition from a national level towards a supranational level, lawyers may need a new orientation and training for new ways of lawyering. This thesis will focus on the identity of the individual lawyer and analyse their relation to the profession and to society. Strong professions, such as lawyers and doctors, tend to protect their professions to such a degree as to be counterproductive. A protective profession narrows the scope for individual action and frustrates individual satisfaction. The time has come to look more closely at the identity, roles and tasks of lawyers in relation to society, the profession and the wishes of individual lawyers to have meaningful and satisfacto- ry working lives in legal practice. Inger Høedt-Rasmussen iii Content Table Content Table Part I Introducing topic, theory and methodology ....................................................................... 1 1 Introduction ...................................................................................................................... 1 1.1 Lawyers in contextual complexity ................................................................................. 4 1.1.1 Globalisation, democracy and legal culture ...................................................... 5 1.1.2 Lawyers, the legal profession and society ......................................................... 7 1.1.3 Lawyers’ specialisation and broader networks ................................................. 7 1.1.4 The multi-layered democracy in Europe and the lawyers ................................ 8 1.1.5 Individualised proactive training ..................................................................... 11 1.2 Aim of the study .......................................................................................................... 14 1.3 Research questions and hypothesis ............................................................................ 15 1.4 Scope and limitations .................................................................................................. 16 1.5 Terms and expressions ................................................................................................ 17 1.6 Structure ...................................................................................................................... 20 2 Theoretical paradigm and methodological foundation .................................................. 23 2.1 The scientific landscape .............................................................................................. 24 2.1.1 Objectivism/positivism versus subjectivism/hermeneutics ............................ 25 2.1.2 The interpretive relations................................................................................ 26 2.2 The relevance of the structuration theory .................................................................. 26 2.2.1 Late modernity ................................................................................................ 27 2.2.2 Global framework of local lawyers .................................................................. 27 2.3 Societies and professions ............................................................................................ 28 2.3.1 The transformative character of a profession................................................. 30 2.3.2 Unintended consequences .............................................................................. 31 2.3.3 Lawyers and legal philosophy ......................................................................... 31 2.4 The lawyer as an agent for change ............................................................................. 33 2.4.1 Self-esteem, fear, identity and lifestyle .......................................................... 34 2.4.2 From lawyer to expert ..................................................................................... 35 2.5 An interdisciplinary study open to interpretation ...................................................... 36 2.6 Reflectivity in the interaction between scientific fields .............................................. 38 2.7 Structuration theory and empirical research .............................................................. 38 v Content Table 2.8 Methodological width ................................................................................................
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