NCJ Number
58827
Journal
International Journal of the Sociology of Law Volume: 7 Issue: 2 Dated: (MAY 1979) Pages: 169-195
Date Published
1979
Length
27 pages
Annotation
THE PAPER EXAMINES THE ROLE OF THE SOLICITOR ADVOCATE IN MAGISTRATES' COURTS IN ENGLAND AND WALES, INCLUDING ROUTES INTO ADVOCACY, RELATIONSHIP WITH THE CLIENT, AND CURRENT DEVELOPMENTS.
Abstract
THIS BRITISH STUDY LOOKS AT THE ORGANIZATION AND DISTRIBUTION OF CRIMINAL LAW WORK AMONG PRIVATE FIRMS OF SOLICITORS. THE 18-MONTH STUDY WAS CONDUCTED IN A LARGE PROVINCIAL CITY. SOLICITORS, COURT CLERKS, POLICE OFFICIALS, AND A SAMPLE OF LAY JUSTICES AND PROBATION OFFICERS WERE INTERVIEWED. THE PROJECT WAS PRESENTED TO THE PUBLIC AS AN AID TO THOSE DEFENDANTS WHO WOULD OTHERWISE GO TO COURT WITHOUT LEGAL REPRESENTATION. THE AMOUNT OF ADVOCACY WORK HAS MULTIPLIED SINCE 1968, BUT LITTLE DETAILED ANALYSIS HAS BEEN DONE ON THE SYSTEM. LARGER FIRMS, BETTER ABLE TO SUPPORT A NETWORK OF INFORMANTS AND SOCIAL CONTRACTS, LIKE TO HIRE FORMER POLICEMEN FOR THEIR INSIDE KNOWLEDGE OF WHAT IS TOLERABLE IN THE SYSTEM. RECRUITMENT DOES NOT SEEM TO BE LINKED TO ANY MORE THAN A REASONABLE KNOWLEDGE OF LAW. SUCCESSFUL ADVOCATES SEEM TO BE THOSE WHO HAVE THE RIGHT PERSONALITY AND KNOW THEIR WAY AROUND. GENERAL CHARACTERISTICS OF THE ADVOCATE AND REASONS FOR LEAVING THE ADVOCACY ARE EXAMINED. NO FORMAL TRAINING EXISTS FOR THE ROLE OF ADVOCATE, ALTHOUGH INTERFIRM MOBILITY IS DESIRABLE. THE RELATIONSHIP BETWEEN ADVOCATES AND THEIR CLIENTS IS EXAMINED CONCERNING MANIPULATION BETWEEN THE ADVOCATE AND CLIENT. ALSO DISCUSSED ARE THE CONCEPT OF 'CAREER' WITHIN ADVOCACY, THE IDEA OF THE CONFIDENCE GAME AS AN ANALOGY FOR STUDYING TRANSACTIONS IN THE MAGISTRATES' COURTS, AND THE PRACTICE OF RULE EVASION BY SOLICITORS. FOOTNOTES AND A BIBLIOGRAPHY ARE INCLUDED. (RFC)