What Do Lawyers Do? Reflections on the Market for Lawyers

International Journal of the Sociology of Law, Vol. 21, No. 4, 1993

35 Pages Posted: 15 Aug 2006

See all articles by Ian Ramsay

Ian Ramsay

Melbourne Law School - University of Melbourne

Abstract

In this article I examine the market for lawyers. The objective is to place the debate regarding whether there is an oversupply of lawyers on a firmer footing than it hitherto has been. Following the outline of statistics on the growth in the number of lawyers, the discussion commences with an analysis of the tasks that lawyers undertake. It is necessary to identify these tasks because without some understanding of them we cannot proceed to an informed debate of those factors that go to make up the demand for the services that lawyers provide. A crucial debate that is addressed is whether lawyers provide services that produce wealth or whether the services that lawyers provide are only associated with the redistribution of wealth. The factors that have led to a significant increase in the supply of lawyers are identified. In brief, these are an increase in the number of law student enrolments and an increase in the participation of women in the legal workforce.

While it is relatively easy to identify those factors that have resulted in an increase in the supply of lawyers, it is much more difficult to identify factors which are associated with an increase in the demand for lawyers' services. Common explanations given for such an increase in demand are that we live in a society that is increasingly more litigious and more regulated. I demonstrate that these explanations are too simplistic. The discussion proceeds to an evaluation of further reasons that may be associated with an increase in the demand for lawyers' services. These include changes in wealth levels and demographics, greater population diversity, changes in the production of goods and services and increasing internationalisation. A further reason is that lawyers themselves are able to generate increased demand for their services. This will occur where lawyers create additional legal work beyond that required by the client. It will also occur where lawyers are able to introduce monopolies on the provision of legal services. Some of these factors are associated with an increase in the demand for the services of professions other than lawyers. Possible reasons why lawyers are able to specialise in certain tasks are also considered. The analysis of factors that influence the supply of lawyers and the demand for lawyers' services has implications for legal education and also for practising lawyers. These implications are discussed in the final section of the article.

Suggested Citation

Ramsay, Ian, What Do Lawyers Do? Reflections on the Market for Lawyers. International Journal of the Sociology of Law, Vol. 21, No. 4, 1993, Available at SSRN: https://ssrn.com/abstract=924332

Ian Ramsay (Contact Author)

Melbourne Law School - University of Melbourne ( email )

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HOME PAGE: http://law.unimelb.edu.au/about/staff/ian-ramsay

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