The Landscape of the Legal Professions in Europe and the USA: Continuity and Change

The present volume deals with recent developments in the legal profession in Europe and in the United States of America from a comparative and historical perspective. Apart from discussing the legal profession in general, specific attention is paid to the Latin Notary, the Advocates, the Rechtspfleger, the State Attorney, court experts, and mediators and arbitrators.
Editor(s):
Alan Uzelac, C.H. van Rhee
Series:
Ius Commune Europaeum
Volume:
95
book | published | 1st edition
May 2011 | xxxiv + 280 pp.

Paperback
€64.-


ISBN 9781780680149


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Details

The present volume deals with recent developments in the legal profession in Europe and in the United States of America from a comparative and historical perspective. Apart from discussing the legal profession in general, specific attention is paid to the Latin Notary, the Advocates, the Rechtspfleger, the State Attorney, court experts, and mediators and arbitrators. Topics addressed include the decline of Big Law in the U.S., the classification of court experts as legal professionals in Italy, the demise of anticompetitive measures in the modern legal services market, as well as the question whether mediators should be classified as ‘new’ legal professionals given the fact that mediation services are currently being offered by many of the ‘old’ legal service providers. The volume concludes with a contribution on the collaboration of various legal professions in providing for the needs of legal practice.

Chapters

Table of Contents (p. 0)

THE LEGAL PROFESSION: GENERAL

The Balkanized American Legal Profession (p. 1)

The Romanian Legal Profession (p. 41)

THE JUDGE

Stress Immunity of Dutch Courts – An Empirical Survey (p. 55)

THE LATIN NOTARY

Just Cause for Despair among Dutch Notaries? A Twenty-first Century Crisis viewed through the Prism of European History (p. 69)

Future Perspectives on the Notary Profession in Europe (p. 93)

THE ADVOCATE

Do the Old Rules of Conduct still Fit the Modern Lawyer? (p. 115)

The Legal Profession and the Competitive Market in Italy (p. 125)

The Legal Profession in Italy: Regulation v. Competition? (p. 145)

How do the Private Professions in Finland and Norway Impact on Legal Aid Delivery? (p. 161)

THE RECHTSPFLEGER AND THE STATE ATTORNEY

Reception of the Rechtspfleger in Eastern Europe: Prospects and Difficulties (p. 181)

The State Attorney – Attorney for the State? (p. 201)

THE COURT EXPERT

The Court Expert Witness as a Legal Professional (p. 211)

THE MEDIATOR AND THE ARBITRATOR

Professional(s as) Mediators: Emerging Markets and the Quality of Legal Protection (p. 233)

Roman Foundations of the Arbitrator’s Profession (p. 255)

THE LEGAL PROFESSION: COOPERATION IN THE SHAPING OF THE LAW

The Role of Legal Professions in Bypassing the Law: The Example of Fiducia cum Creditore (p. 267)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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