Trials of Strength: The Reconfiguration of Litigation as a Contested Terrain

Law and Society Review, Vol. 33, pp. 595-636, 1999

42 Pages Posted: 5 Dec 2006 Last revised: 10 May 2019

See all articles by Andrew Boon

Andrew Boon

City, University of London

John Flood

Griffith University; Queensland University of Technology; Centre for Blockchain Technologies

Abstract

A market for litigation for solicitor-advocates in competition with barristers was introduced by the British government. The take-up by solicitors of these new rights of audience in the higher courts was less than expected. This paper examines four fields of practice - corporate, criminal defence, personal injury, and immigration - and shows how the market cannot be treated as a uniform field and that each field has its own culture that might be receptive or not to fresh ideas that disturb the status quo. Moreover, it shows that Abbott's argument that jurisdictional battles mainly occur at the margins of a profession's remit may need to be modified. The turf war between barristers and solicitors in litigation is taking place within the core activity of legal practice not at the margin.

Keywords: lawyers, law firms, barristers, solicitors, audience, courts, litigation

JEL Classification: J44

Suggested Citation

Boon, Andrew and Flood, John A., Trials of Strength: The Reconfiguration of Litigation as a Contested Terrain. Law and Society Review, Vol. 33, pp. 595-636, 1999, Available at SSRN: https://ssrn.com/abstract=949587

Andrew Boon (Contact Author)

City, University of London ( email )

4 Gray's Inn Place
London, WC1R 5DX
United Kingdom

John A. Flood

Griffith University ( email )

Nathan campus
Nathan, Queensland 4111
Australia

HOME PAGE: http://https://experts.griffith.edu.au/18783-john-flood

Queensland University of Technology ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Centre for Blockchain Technologies ( email )

UCL CBT UCL Computer Science
Malet Place London WC
London, London WC1E 6BT
United Kingdom

HOME PAGE: http://blockchain.cs.ucl.ac.uk/john-flood/

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