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Lawyers, Structure and Power: a Tribute to John Heinz RESEARCHING LAW Lawyers, Structure and Power: a Tribute to John Heinz

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Lawyers, Structure and Power: a Tribute to John Heinz RESEARCHING LAW Lawyers, Structure and Power: a Tribute to John Heinz Researching SPRING 2012 LAW Vol 23 | No 2 Lawyers, Structure and Power: A Tribute to John Heinz RESEARCHING LAW Lawyers, Structure and Power: A Tribute to John Heinz When a future historian of science reconstructs the emergence of rigorous scholarship of the legal profession in the United States in the later 20th century, John Heinz will stand as a foundational figure who inspired later generations of scholars. This volume recognizes Heinz’s pivotal work, not least by publishing yet another increment to his own forty-year corpus of scholarship. This essay briefly sketches the broad contours of Heinz’s personal scholarship and the lines of research and writing it has stimulated. From the very beginning, Heinz’s work his own. We demonstrate in turn his ethnic and religious segmentation has proceeded along two tracks—the impact on studies of social structure in the bar was largely a thing of the social structure of the legal profession and power. past. Chicago Lawyers (Heinz and and the power and politics of lawyers. Laumann 1994; first published in Occasionally, they have intersected in SOCIAL STRUCTURE 1982) documented the continuing his own work, but notably each line A significant strand of Heinz’s significance of ethnicity and religion of scholarship has produced highly scholarship concerned the relationship as channeling mechanisms to different generative work not only along tracks between social stratification and fields of practice and, thus, the status he himself has pursued but also along professional status within the legal hierarchy of the profession. Jews, paths taken by his students, sometimes profession. When the first Chicago Catholics, and Protestants were in directions that diverged quite Lawyers Survey was fielded in overrepresented in distinct fields sharply in theory and viewpoints from 1974–75, it was widely reported that of law, reflecting the mapping of Perhaps no other American Bar Foundation research professor has had as a long a tenure or involvement in socio-legal scholarship as John P. “Jack” Heinz. Heinz served as professor of law for more also served for many years on the board of 2007, and attained emeritus status at the than forty years at Northwestern Law the Chicago Appleseed Fund for Justice, a Bar Foundation as well in 2009. To mark School, and research professor at the Bar research, education and advocacy non- these occasions, the ABF hosted a seminar Foundation for nearly as long. Over that profit that works for reform of the justice in honor of Heinz at the May 2010 meeting time he witnessed the birth of the law-and- system, and he served as president of the of the Law and Society Association, and society movement in legal scholarship and John Howard Association, an organization commissioned a “Symposium in Honor of contributed greatly to its development. advocating for prison reform. In addition John P. Heinz” for the Fall 2011 issue of His seminal work on the social structure to his academic and civic contributions, ABF’s scholarly journal Law & Social Inquiry. of the American legal profession has Heinz has written about boxing for Sports The article that follows here, “Lawyers, employed network analysis to understand Illustrated, and about his other passion, Structure, and Power: A Tribute to John power relationships between lawyers both jazz music, for The Hudson Review. An Heinz,” was written by Robert L. Nelson and within the profession and in the larger avid outdoorsman, Heinz spends summers Terence C. Halliday as the introduction to arena of American national politics and with his wife Anne at their cottage in the the symposium volume. policy-making. Adirondack Mountains of upstate New York. From 1982 to 1986 Heinz was Director Heinz retired from his position as Owen L. of the American Bar Foundation. He has Coon Professor of Law at Northwestern in 2 vol 23 | NO 2 | SPRING 2012 Lawyers, Structure and Power: A Tribute to John Heinz Terence C. Halliday and Robert L. Nelson social categories onto professional legal services in the twenty years An early empirical study of criminal categories. Even more profound, since the mid-1970s study. The axes law in Illinois (Heinz, Gettleman, Heinz and Laumann developed with of stratification had shifted from and Seeskin 1969) revealed two rigorous empirical data a distinction ethnicity and religion to gender and strands of lawyers’ politics, one between “two hemispheres” of minority status. In addition, the followed by Heinz and the other the profession—one that served distance between the two segments not. He studied six substantive personal clients and one that served of the bar had grown dramatically, pieces of legislation that came corporate clients. Heinz and Laumann with corporate law firms adding a before the Illinois Legislature in established the ironic finding that significant new proportion of lawyers 1967. Following Truman’s theory the lower status personal-client and an even greater share of the of group politics, he focused on the hemisphere of the profession possessed earnings of lawyers while lawyers in role of key interest groups, not least more autonomy from clients than did small firms, government, and public- the role of the Chicago and Illinois the higher status lawyers representing interest practice constituted a declining State Bar Associations in the passage corporate clients. proportion of the profession. Some of the Illinois Criminal Law Code, of these latter experienced a loss in comprehensively revised and passed in Heinz and Laumann recognized the real income as they garnered a smaller 1961. Heinz showed the remarkable significance of their results to the ideal proportion of total legal services degree to which the state delegated of equal justice under the law. Their revenues. Heinz and his colleagues its law-making authority to the concluding words state: had again, through systematic CBA and ISBA. “In effect,” he said, [I]f the reality is that large cities like methods, measured a growing “the procedure followed delegated Chicago have two legal professions, inequality in law that mirrored a substantive legislative power to the one recruited from more privileged growing inequality in society. bar association committee. Though social origins and the other from we doubt that anyone was quite less prestigious backgrounds, while POLITICS AND POWER OF so explicit about it, it was almost yet other social groups are almost LAWYERS as if the legislature had said to the entirely excluded, and if the first kind Arguably, politics was Heinz’s Joint Committee: ‘You settle it, and of lawyer serves corporate clients that first love. His graduate training whatever you work out (within are quite wealthy and powerful, and at Washington University and his reasonably broad limits) we will the other serves individuals and small longstanding friendship with political approve’” (325). businesses that are far less powerful, scientist, Robert Salisbury, showed a However, the same article also reveals then the hierarchy of lawyers suggests proclivity for politics in Heinz’s earlier his early affinity for elite theory and a corresponding stratification of law publications, one that continues to hints at his later highly productive into two systems of justice, separate the present. What is most intriguing, co-authorship with Edward Laumann. and unequal. (Heinz and Laumann however, is the juxtaposition of his If the Criminal Code in particular was 1994, 175). path taken with that not taken. substantially written by a “group,” it The 1995 survey of Chicago lawyers, written by Heinz, Nelson, Sandefur, We were supported in this effort by the Collaborative Research Network on the Legal Profession of the Law & and Laumann as Urban Lawyers in Society Association, led by Michele de Stefano Beardslee and William Henderson, and by the editor of LSI, Laura 2005, demonstrated the dramatic Beth Nielsen, the special assistant on this effort, Aaron Smyth, and LSI editorial coordinator, Amy Schlueter. The Call changes in the social composition for Papers for the 2010 Law & Society Association Meetings produced four panels and some 16 papers that explored key themes of Jack Heinz’s scholarship: Networks of Power; Stratification in the Legal Profession; the Autonomy of of the bar and in the market for Law and Lawyers; and Organizations and Markets in Legal Services. 3 RESEARCHING LAW was a set of individuals, strategically through delegation by the state, at This line of work stands with one placed, who shaped the contours least in respect to the criminal code. foot in the elite theories of American of Illinois criminal law. Said Heinz, However, that is arguably his last politics—from C.W. Mills to Useem, “The decision-process on criminal law engagement with the organized bar Higley, and others—and the other in legislation in Illinois was dominated as a collective actor. Instead, he sociological network theory. Here, he by white, middle-class prosecution- inspired his students to take his basic has produced one ground-breaking oriented lawyers.” Here again he insight and explore its ramifications, writing after another, from the anticipates decades of later work to initially with respect to particular extensively cited Chicago Lawyers and show how differences in the attributes bar associations, such as the Chicago its successor articles and volume to his pioneering work on lawyers on the political right. Is there a politics sui generis of lawyers, From the vantage point of politics, a singular politics that is theirs alone however, another irony extends from the beginning to the end of his corpus and in which they have their own on networks of lawyers. Heinz, the academic lawyer and respected particular authority and distinctive participant in prominent professional advisory groups in the Cook County pathway to power? criminal justice system, remains consistently skeptical of the power of lawyers qua lawyers. He takes as his foils Tocqueville’s early 19th century of individual lawyers and their Bar Association (Halliday 1987) notion that lawyers might exercise position in political networks might and the Association of the Bar of a peculiar degree of power in the explain the power of lawyers.
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