Glass half full : the decline and rebirth of the legal profession / Benjamin H. Barton.
2015
KF315 .B37 2015 (Map It)
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Details
Title
Glass half full : the decline and rebirth of the legal profession / Benjamin H. Barton.
Published
New York, NY : Oxford University Press, [2015]
Call Number
KF315 .B37 2015
ISBN
9780190205560 (hardback : alk. paper)
0190205563 (hardback : alk. paper)
0190205563 (hardback : alk. paper)
Description
viii, 305 pages : illustrations ; 25 cm
System Control No.
(OCoLC)893455394
Summary
"The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits corrodes their core business model. Modern technology can now handle routine legal tasks like drafting incorporation papers and wills, reducing the need to hire lawyers; tort reform and other regulations on litigation have had the same effect. As in all areas of today's economy, there are some big winners; the rest struggle to find work, or decide to leave the field altogether, which leaves fewer options for consumers who cannot afford to pay for Big Law. It would be easy to look at these enormous challenges and see only a bleak future, but Ben Barton instead sees cause for optimism. Taking the long view, from the legal Wild West of the mid-nineteenth century to the post-lawyer bubble society of the future, he offers a close analysis of the legal market to predict how lawyerly creativity and entrepreneurialism can save the profession. In every seemingly negative development, there is an upside. The trend towards depressed wages and computerized legal work is good for middle class consumers who have not been able to afford a lawyer for years. The surfeit of law school students will correct itself as the law becomes a less attractive and lucrative profession. As Big Law shrinks, so will the pernicious influence of billable hours, which incentivize lawyers to spend as long as possible on every task, rather than seeking efficiency and economy. Lawyers will devote their time to work that is much more challenging and meaningful. None of this will happen without serious upheaval, but all of it will ultimately restore the health of the faltering profession. A unique contribution to our understanding of the legal crisis, the unconventional wisdom of Glass Half Full gives cause for hope in what appears to be a hopeless situation"-- Provided by publisher.
"A counterintuitive and optimistic reconsideration of the crisis in the American legal profession"-- Provided by publisher.
"A counterintuitive and optimistic reconsideration of the crisis in the American legal profession"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Acknowledgments
vii
1.
Introduction
1
pt. I
THE MARKET FOR LAWYERS
2.
Birth, Death, Rebirth, Near Death: American Lawyers from 1776 to 1950
19
3.
From Boom, to Two Professions, to Big Law's Slump: American Lawyers from 1950 to the Present
33
4.
Death from Above: Big Law Stumbles
55
5.
LegalZoom and Death from Below
85
6.
Death from the State: Tort Reform, Judicial Hostility, and Budget Cuts
105
7.
Death from the Side: More Lawyers Fight for Slices of a Smaller Pie
121
pt. II
LAW SCHOOLS
8.
A Brief History of American Law Schools
133
9.
The Bleak Present and Near Future for Law Schools
153
pt. III
BIG PICTURE AND THE GLASS HALF FULL
10.
Big Picture and Parallels
173
11.
The Good News for American Consumers
191
12.
The Profession and Law Schools That Emerge Will Be Stronger and Better
215
13.
Conclusion
231
Notes
243
Index
303