SOCIOLOGY OF

LEGAL PROFESSION
UNIT 5
WHAT IS SOCIOLOGY OF LEGAL
PROFESSION?
The sociology of the legal profession is a branch of sociology that focuses on the study of the
legal profession as a social institution.
 It examines the various aspects of legal practitioners' roles, behaviors, interactions, and the
broader societal context in which they operate.
This field of study explores how legal professionals, such as lawyers, judges, and legal scholars,
are organized, how they are socialized into their roles, and how they contribute to shaping and
maintaining legal systems.
At its core, the sociology of the legal profession seeks to understand the social structures,
norms, and dynamics that influence the practice of law and the behavior of legal professionals.
NATURE OF STUDIES ON
SOCIOLOGY OF LEGAL
PROFESSION
It refers to the sociological or socio-legal investigation into the nature of the legal professions.
Studies on Sociology of Legal Profession examine lawyers’ role in society with particular focus on
the maintenance of the rule of law and access to justice.
They address macro questions about the functions of lawyers in society and meso questions
about the work of lawyers in particular settings (for example, family lawyers, barristers’ clerks).
They engage with lawyer professionalism, legal ethics, lawyer regulation, make-up of the legal
profession, concerns about social reproduction and a lack of diversity in the profession.
The legal profession is not a homogenous entity, even within jurisdictions, and cultural and legal
constructs play an important role in defining differences between jurisdictions. Sociologists and
socio-legal scholars have compared and categorised the legal professions in multiple ways.
THEMES IN THE SOCIOLOGY OF
LEGAL PROFESSION
1. Increasing segmentation and stratification of the legal profession
2. The extent to which the profession is no longer a single professional grouping with a shared
purpose and professionalism.
3. The role of legal professionalism to examine the purpose of the profession including its role in
access to justice.
COMPOSITION OF LEGAL
PROFESSION
Different jurisdictions obviously have different demographic profiles of lawyers. Different
countries have a very diverse pool of law graduates that may advance into the legal profession.
For example, England has 36% of law graduates from minority ethnic backgrounds and 68% are
females. Thus there has been a lack of diversification of personnel within the law profession.
Either there is huge attrition or minority and females get stuck in junior roles because of
structural inequality within the profession. Hence many scholars argue that root and branch
reform is needed to provide for genuine equality of opportunity.
 Greater diversity within the legal profession is not simply a function of the diverse pool of
applicants to enter the profession. It is also a function of who holds power within the profession
and how that power is used when hiring candidates, providing them with development and
promotion opportunities and, in turn, providing them with opportunities to use power to hire
and develop more junior colleagues
Qualitative investigations provide many insights into the barriers to entry and progression for non-
traditional dominant groups. Lawyers from minority ethnic backgrounds are concentrated within the
‘less prestigious’, or rather the less well remunerated, parts of the legal profession.
They are more likely to work in sole or small firm practice than are white solicitors, and there is
evidence to suggest this is because it is harder for them to secure ongoing career development
opportunities within other sectors in the profession.
Similar studies examining gender differences have concluded that unconscious bias, a lack of
powerful networks and the challenge of inflexible working practices are blockers to female
advancement. Sexual stereotyping and sexual harassment also play a role and so does perceived lack
of female commitment to full professional vocationalism given their (potential) status as mothers.
Other factors are also implicated including socio-economic and educational background in part given
the pronounced link between class and caste.
Long hours in the office (regardless of productivity) and the privileging of certain types of work over
other necessary but less valued work lead to systemic inequalities.
CATEGORIZATION WITHIN LEGAL
PROFESSION
On the basis of their functions (adviser, representative, advocate).
Different branches of the profession (solicitor; barrister; clerk7; notary; legal executive,
paralegal; judge)
On the basis of Employment status (private practice lawyer working in a firm or inhouse, alone
or with others, working only with lawyers or in a multidisciplinary partnership; self-employed;
employed by a firm; employed by the state and/or having the status of civil servant).
There are also distinctions to be drawn between lawyers who accept instructions from all clients
who approach them and those who seek out or select certain types of clients, such as cause
lawyers who use the law as a tool to seek change in particular settings.
lawyers who have a particular disciplinary practice area (family; criminal; civil liberties and
human rights; commercial; domestic; international; and so on).
ROLE OF LEGAL PROFESSIONALS
WITHIN CIVIL SOCIETY
There is a need to analyse legal profession and its contribution to the maintenance,
strengthening and/or erosion of the rule of law.
Legal Professionals have a very important role to play in providing a means by which individuals
and groups may gain access to justice, enforce rights against the state and hold state actors to
account, by which citizens may emancipate themselves or be emancipated from discrimination
and harm.
Lawyers play an important role in facilitating business interests and fueling the economy and
their approach to practice sometimes embedding ongoing social and economic inequalities in
society, sometimes uncovering and removing them.
SEGMENTATION OF LEGAL
PROFESSION
Sociology of the legal professions from the 1980s–2000s has addressed concerns about unequal
access to legal advice, assistance and representation.
As successive governments in many countries introduced neoliberal reforms to embed market
economics and consumer choice within the legal system and legal services, they have brought a
sharp focus to the segmentation of the legal profession, distinguishing between those who
provide services to the public and those who provide services to commercial entities.
The differences between them are now so great that they are almost separate professions. They
use different dispute resolution mechanisms and courts, they have distinctive models of legal
practice.
Training has become increasingly narrow in the latter stages of legal education. Networks tend
to be bounded and there are limited opportunities for high street lawyers and city commercial
lawyers to intermingle.
In many countries, a private practice fee paying model of legal service runs alongside either a state subsidized or funded
legal aid system or a pro bono ethical duty on lawyers to provide free advice to the public.
The rule of law is usually taken to require that all citizens must have access to the justice system. Access to justice is
itself a contested term: is it access to legal advice, to assistance, to a dispute resolution mechanism of some kind or to
court adjudication.
Are lawyers the guardians of legal rules, requiring a determination of the law in all disputes so that rights are asserted
and reinforced or are they solution focused and settlement orientated to maximize their clients’ outcomes and minimize
the upset, cost and the risk to their clients?
 Although the role of lawyers in providing help may be debated, there is agreement that for a client to make informed
choices they must have access to legal help at a cost they can afford.
Opinions are divided on whether pro bono provision is a moral responsibility, an ethical imperative or good commercial
sense.
Pro bono has tended to be provided differently by those in commercial legal practice (via grants to law centres, a supply
of trainee solicitors to advice clinics) than by those in social and welfare law practice (via direct provision of legal
services for no fee).
In many jurisdictions the legal aid system emerged as part of a new welfare system post Second
World War via a state/private practice partnership.
Over time this partnership has broken down and its decline has been chartered in numerous
studies that set out the effects on the profession, on the profession’s clients or would be clients
in social and health outcomes, on the justice system and on the rule of law.
As part of this role in access to justice there has been a lively debate and a body of research on
the ethical duty of lawyers to provide pro bono service to clients who other wise could not
afford legal help.
Some suggest that the process of legal education may dull ethical sensitivity in would-be lawyers
unless there is active engagement with ethical discourse and reflection.
Education and training, work place culture and ethics and values all appear to collide to create a
context in which it is difficult for some lawyers to thrive.
FACTORS AFFECTING SOCIOLOGY
OF LEGAL PROFESSION
Socialization and Education: How are individuals socialized into becoming legal professionals?
What role do law schools, legal apprenticeships, and professional organizations play in shaping the
values, norms, and identities of legal practitioners?
Professional Organizations: What are the structures and functions of professional associations,
such as bar associations and law societies? How do these organizations regulate entry into the
legal profession, establish standards of professional conduct, and represent the interests of their
members?
Career Trajectories and Mobility: What are the patterns of entry, advancement, and attrition
within the legal profession? How do factors such as social background, educational attainment,
and access to resources influence career opportunities and outcomes for legal professionals?
Client-Attorney Relationships: What are the dynamics of interactions between legal professionals
and their clients? How do legal practitioners navigate ethical dilemmas, conflicts of interest, and
power imbalances in their relationships with clients?
Ethical Standards and Professional Conduct: What are the ethical norms and codes of conduct that govern
the behavior of legal professionals? How are these norms socialized, enforced, and contested within the
legal profession?
Globalization and Transnationalism: How does globalization impact the practice of law and the role of legal
professionals? How do legal practitioners navigate cross-border legal issues, transnational legal norms, and
the increasing interconnectedness of legal systems?
Gender, Race, and Diversity: How do factors such as gender, race, ethnicity, and other forms of identity
influence the experiences and opportunities of legal professionals? What barriers do women, people of
color, and other marginalized groups face in entering and advancing within the legal profession? How do
efforts to promote diversity and inclusion within the legal profession intersect with broader social
movements and legal reforms?
Power and Prestige: How is power distributed within the legal profession? What factors contribute to the
prestige and social status associated with certain legal roles or specialties? How do hierarchies of power and
prestige within the legal profession intersect with broader patterns of social inequality and stratification?
Legal Culture and Professional Identity: What are the norms, values, and beliefs that define legal culture and
shape professional identity among legal practitioners? How do legal professionals negotiate their professional
identities in relation to other social roles and identities, such as gender, race, class, or political affiliation? How
does legal culture influence decision-making, problem-solving, and advocacy strategies among legal professionals?
Role of Technology and Innovation: How are technological advancements and innovations reshaping the practice
of law and the roles of legal professionals? What are the implications of automation, artificial intelligence, and
other forms of legal technology for legal education, training, and professional ethics? How do legal professionals
adapt to and navigate changing technologies in their daily practice?
Legal Ethics and Professional Responsibility: Beyond formal codes of conduct, how do legal professionals navigate
ethical dilemmas and moral responsibilities in their practice? What role do ethical considerations play in decision-
making, advocacy, and client representation? How do legal practitioners balance their duties to clients, the legal
system, and broader societal interests?
Access to Justice and Legal Services: How do socioeconomic factors, geographic location, and systemic inequalities
affect access to legal representation and justice? What role do legal professionals play in addressing barriers to
access, such as pro bono work, legal aid services, and community outreach programs? How do changes in legal
education, training, and regulation impact the availability and affordability of legal services for underserved
populations?
SOCIAL RELATIONSHIPS IN LEGAL
PROFESSION
Relationship with the Public in Society i) ii) iii) iv) v) vi) An advocate shall endeavour to make the
laws suitable to the well-being of the people. He shall guard the liberty and freedom of the
people. He shall uphold the integrity and unity of the nation He should protect the fundamental
and human rights. He should strive for social legislations He shall educate the people to respect
the law and respect for the courts and the judges.
Relationship with the Community i) ii) iii) iv) v) vi) An advocate shall establish Legal Aid Societies
for the purpose of rendering legal assistance to really poor, free of any charge. He shall help the
local bodies to function on sound lines He shall provide legal education to the illiterate and
working people He shall settle petty disputes by amicable settlement He shall fight against social
ills He shall work with social welfare committees to promote a social order.
Relationship with the Court i) ii) iii) iv) v) vi) vii) viii) ix) x) An advocate shall be straightforward in
arguments. He should have sense of humour and pleasing manners. He should not mislead the
court He must be tactful in presenting the matters. He shall not influence the decisions of the
court by any illegal or improper menas He shall attend the court in the prescribed dress. He shall
not wear a band or gown in public places other than in Court. He shall conduct himself with
dignity and self respect. He shall not criticise the judiciary with malice He shall not plead in any
matter in which he is interested. He shall not stand as a surety for his client in a court.
Relationship with the Client i) ii) iii) An advocate shall fearlessly uphold the interests of his clients
He shall fairly and reasonably submit the case on behalf of his client He shall pay attention which
he is capable of giving to the case that he is dealing Page 11 of 15 iv) He shall not act on the
instructions of any person other than his client or his authorised agent v) vi) vii) viii) ix) x) xi) He
shall not ordinarily withdraw from the engagements once accepted without sufficient cause. He
shall not do anything whereby be abused or taken advantage of the confidence reposed in him
by his client He shall not accept a fee less than the fee taxable under the rules when the client is
able to pay the same He shall not adjust fee payable to him by his client against his own
personal liberty to the client, which liability does not arise in the course of his employment as an
advocate. He should keep accounts of the client’s money entrusted to him He shall not lend
money to his client for the legal proceedings in which he is engaged by such client He should not
disclose communications made to them in course of their professional engagements even after
the case is over.