Legal Professional De(Re)Regulation, Equality, and Inclusion, and the Contested Space of Professionalism Within the Legal Market in England and Wales

Webley, L. 2015. Legal Professional De(Re)Regulation, Equality, and Inclusion, and the Contested Space of Professionalism Within the Legal Market in England and Wales. Fordham Law Review. 83 (5), pp. 2349-2367.

TitleLegal Professional De(Re)Regulation, Equality, and Inclusion, and the Contested Space of Professionalism Within the Legal Market in England and Wales
TypeJournal article
AuthorsWebley, L.
Abstract

The legal profession in England and Wales is undergoing an unprecedented process of de(re)regulation as a result of the Legal Services Act 2007 (LSA 2007). New types of legal businesses are emerging, and law graduates—who previously had not found a place within the regulated admitted legal profession—appear to be entering new facets of the legal marketplace, albeit often in precarious circumstances via circuitous routes. Although the new market model may be encouraging legal employers to hire a broader cohort of law graduates, including those historically denied access to a full career in law, it is also encouraging greater role and status differentiation as between lawyers. The new model obfuscates the barriers that face non-white and working class law graduates who wish to become fully admitted members of the profession. Further, while equality and inclusion discourse is well rehearsed regarding professional admission and promotion, that terminology is less prominent in the access to justice debate. Thus, it is unclear if market innovations are prompting greater equality and inclusion for marginalized would-be clients or allowing the state and the legal profession(s) to evade the fundamental rule of law precept of access to justice for all. This Article aims to examine equality and inclusion in legal services from the perspectives of would-be lawyers and would-be clients. It begins by examining the state and solicitors’ changing relationship regarding access to justice, professional independence, and the rule of law. It then considers the changes that the LSA 2007 wrought, and whether this neoliberal turn can deliver equality and inclusion within the profession and by the profession for those seeking redress with legal help. It also explores whether de(re)regulation may be altering the legal profession(s)’s ability to act as gatekeeper to the profession(s) and whether this too may have an impact on equality and inclusion within the legal services sector and the protection of consumers’ legal rights.

Keywordslegal profession
equality, diversity and inclusion
legal market
access to justice
legal aid
JournalFordham Law Review
Journal citation83 (5), pp. 2349-2367
ISSN0015-704X
Year2015
PublisherFordham Law Review
Web address (URL)http://fordhamlawreview.org/assets/pdfs/Vol_83/No_5/Webley_April.pdf
Publication dates
Published01 Apr 2015
Funder.Other external funder (add details in Notes below)

Related outputs

Complete Public Law: Text, Cases, and Materials, 5th edition
Webley, L. and Samuels, H. 2021. Complete Public Law: Text, Cases, and Materials, 5th edition. Oxford University Press (OUP).

Gender and the legal academy in the UK: a product of proxies and hiring and promotion practices
Duff, L. and Webley, L. 2021. Gender and the legal academy in the UK: a product of proxies and hiring and promotion practices. in: Auchmuty, R.S., Ulrike Schultz, U., Shaw, G. and Thornton, M. (ed.) Gender and Careers in the Legal Academy UK Hart Publishing.

Women in Law Literature Review
Duff, L., Mason, M. and Webley, L. 2019. Women in Law Literature Review. London Law Society.

Complete Public Law: Text, Cases, and Materials, 4th edition
Webley, L. and Samuels, H. 2018. Complete Public Law: Text, Cases, and Materials, 4th edition. Oxford University Press (OUP).

When is mediation mediatory and when is it really adjudicatory? Religion, Norms and decision-making
Webley, L. 2017. When is mediation mediatory and when is it really adjudicatory? Religion, Norms and decision-making. in: Bano, S. (ed.) Gender and Justice in Family Law Disputes: Women, Mediation, and Religious Arbitration University Press of New England.

Stumbling Blocks in Empirical Legal Research: Case Study Research
Webley, L. 2016. Stumbling Blocks in Empirical Legal Research: Case Study Research. Law and Method. https://doi.org/10.5553/REM/.000020

Interception of communications and legal professional privilege and the rule of law
Webley, L. 2016. Interception of communications and legal professional privilege and the rule of law. Legal Ethics. 19 (1), pp. 173-176. https://doi.org/10.1080/1460728x.2016.1193954

Diversity and Inclusion As the Key to Innovating Talent Management in Law Firms?
Webley, L. and Duff, L. 2016. Diversity and Inclusion As the Key to Innovating Talent Management in Law Firms? in: Mottershead, T. (ed.) Innovating Talent Management in Law Firms National Association for Law Placement. pp. 235-254

Legal Writing (4th edition)
Webley, L. 2016. Legal Writing (4th edition). Abingdon Routledge.

Access to a Career in the Legal Profession in England and Wales: Race, Class, and the Role of Educational Background
Webley, L., Tomlinson, J., Muzio, D., Sommerlad, H. and Duff, L. 2016. Access to a Career in the Legal Profession in England and Wales: Race, Class, and the Role of Educational Background. in: Headworth, S., Nelson, R.L., Dinovitzer, R. and Wilkins, D.B. (ed.) Diversity In Practice: Race, Gender, and Class in Legal and Professional Careers Cambridge Cambridge University Press. pp. 198-225

European Citizenship, Freedom, Security, Justice and Equality
Webley, L. 2015. European Citizenship, Freedom, Security, Justice and Equality. in: European Citizenship Challenges and Opportunities Porto Portugal Universidade Catolica Editora Porto. pp. 143-162

Complete Public Law: Text, Cases and Materials, 3rd edition
Webley, L. and Samuels, H. 2015. Complete Public Law: Text, Cases and Materials, 3rd edition. Oxford Oxford University Press.

When is a Family Lawyer, a Lawyer?
Webley, L. 2015. When is a Family Lawyer, a Lawyer? in: Mavis Maclean, John Eekalaar and Bastard Benoit (ed.) Delivering Family Justice in the 21st Century Oxford, UK Hart. pp. 305-321

The Former Legal Director of the London Times, Legal Professional Privilege and the Duty Not to Mislead the Court in England and Wales
Webley, L. 2014. The Former Legal Director of the London Times, Legal Professional Privilege and the Duty Not to Mislead the Court in England and Wales. Legal Ethics. 17 (2), pp. 310-312.

Legal Writing (3rd Edition)
Webley, L. 2013. Legal Writing (3rd Edition). London, UK Routledge.

United Kingdom: What Robinson v Solicitors Regulation Authority Tells Us about the Contested Terrain of Race and Disciplinary Processes
Webley, L. 2013. United Kingdom: What Robinson v Solicitors Regulation Authority Tells Us about the Contested Terrain of Race and Disciplinary Processes. Legal Ethics. 16 (1), pp. 236-241. https://doi.org/10.5235/1460728X.1.1.236

Structure, agency and the career strategies of women and BME individuals in the legal profession
Tomlinson, J., Muzio, D., Sommerlad, H., Webley, L. and Duff, L. 2013. Structure, agency and the career strategies of women and BME individuals in the legal profession. Human Relations. 66 (2), pp. 245-269. https://doi.org/10.1177/0018726712460556

Complete Public Law: Text, Cases and Materials (2nd Edition)
Webley, L. and Samuels, H. 2012. Complete Public Law: Text, Cases and Materials (2nd Edition). Oxford, UK Oxford University Press.

The Legal Education Training Review: Correspondent’s Report from the United Kingdom
Webley, L. 2012. The Legal Education Training Review: Correspondent’s Report from the United Kingdom. Legal Ethics. 15 (1), pp. 140-141. https://doi.org/10.5235/146072812801292773

Legal Ethics and the Legal Education Training Review: Correspondent’s Report from the United Kingdom
Webley, L. 2012. Legal Ethics and the Legal Education Training Review: Correspondent’s Report from the United Kingdom. Legal Ethics. 15 (2), pp. 402-404.

Gender, Hierarchy, Power and Inequality: What Sociological Theory Adds to our Understanding of Sex-Discrimination
Webley, L. 2012. Gender, Hierarchy, Power and Inequality: What Sociological Theory Adds to our Understanding of Sex-Discrimination. Westminster Law Review . 1 (1), pp. 37-42.

Legal ethics in the academic curriculum: correspondent’s report from the United Kingdom
Webley, L. 2011. Legal ethics in the academic curriculum: correspondent’s report from the United Kingdom. Legal Ethics. 14 (1), pp. 132-134.

Law Students as Peer Mentors: Developing the Reflective Practitioner and/or Embedding Legal Learning: Correspondent’s Report from the United Kingdom
Webley, L. 2011. Law Students as Peer Mentors: Developing the Reflective Practitioner and/or Embedding Legal Learning: Correspondent’s Report from the United Kingdom. Legal Ethics. 14 (2), pp. 250-251.

Solicitors as imagined masculine, family mediators as fictive feminine and the hybridization of divorce solicitors
Webley, L. 2011. Solicitors as imagined masculine, family mediators as fictive feminine and the hybridization of divorce solicitors. in: Bartlett, F., Mortenson, R. and Tranter, K. (ed.) Alternative perspectives on lawyers and legal ethics Abingdon Routledge. pp. 132-150

Qualitative approaches to empirical legal research
Webley, L. 2010. Qualitative approaches to empirical legal research. in: Cane, P. and Kritzer, H. (ed.) Oxford handbook of empirical legal research Oxford Oxford University Press. pp. 926-950

Gate-keeper, supervisor or mentor? The role of professional bodies in the regulation and professional development of solicitors and family mediators undertaking divorce matters in England and Wales
Webley, L. 2010. Gate-keeper, supervisor or mentor? The role of professional bodies in the regulation and professional development of solicitors and family mediators undertaking divorce matters in England and Wales. Journal of Social Welfare and Family Law. 32 (2), pp. 119-133. https://doi.org/10.1080/09649069.2010.506308

Diversity in the legal profession: a business or an ethical rationale?: correspondent's report from the United Kingdom
Webley, L. 2010. Diversity in the legal profession: a business or an ethical rationale?: correspondent's report from the United Kingdom. Legal Ethics. 13 (2), pp. 223-224.

Adversarialism and consensus? The professions’ construction of solicitor and family mediator identity and role
Webley, L. 2010. Adversarialism and consensus? The professions’ construction of solicitor and family mediator identity and role. New Orleans Quid Pro.

Diversity in the legal profession in England and Wales: A qualitative study of barriers and individual choices
Sommerlad, H., Webley, L., Duff, L., Muzio, D., Tomlinson, J. and Parnham, R. 2010. Diversity in the legal profession in England and Wales: A qualitative study of barriers and individual choices. London Legal Services Board.

Complete Public Law: Test Cases and Materials
Webley, L. and Samuels, H. 2009. Complete Public Law: Test Cases and Materials. Oxford, UK Oxford University Press.

Legal writing. 2nd edition
Webley, L. 2009. Legal writing. 2nd edition. London, UK Cavendish Publishing.

The next generation of legal aid solicitors: the LSC’s Training Grants Scheme
Bacquet, S., Boon, A., Webley, L. and Whyte, A. 2009. The next generation of legal aid solicitors: the LSC’s Training Grants Scheme. in: Buck, A. (ed.) Reaching further: innovation, access and quality in legal services : papers from the Legal Services Research Centre's seventh international research conference, Reaching further, Royal Naval Academy in Greenwich, London, 18th to 20th June 2008 London Stationary Office. pp. 143-165

Evaluation of the Legal Service Commission's Training Contract Grant Scheme
Bacquet, S., Boon, A., Webley, L. and Whyte, A. 2008. Evaluation of the Legal Service Commission's Training Contract Grant Scheme. Legal Services Commission.

The European criminal record in England and Wales
Webley, L. 2008. The European criminal record in England and Wales. in: Stefanou, C. and Xanthaki, H. (ed.) Towards a European criminal record Cambridge Cambridge University Press. pp. 281-307

Paralegals
Webley, L. 2008. Paralegals. in: Cane, P. and Conaghan, J. (ed.) The new Oxford companion to law Oxford Oxford University Press. pp. 862-863

Evaluation of the Legal Service Commission's Training Contract Grant Scheme
Webley, L. 2008. Evaluation of the Legal Service Commission's Training Contract Grant Scheme. Society of Legal Scholars Annual Conference 2008: The Impact of Legal Scholarship. London School of Economics 15 - 18 Sep 2008

Encouraging the next generation of legal aid solicitors: the LSC’s Training Grants Scheme
Webley, L. 2008. Encouraging the next generation of legal aid solicitors: the LSC’s Training Grants Scheme. Seventh Legal Services Research Centre (LSRC) International Research Conference, "Reaching Further: New Approaches to the Delivery of Legal Services". Naval College, Greenwich, London 18 - 20 Jun 2008

Costs of complaining and claiming
Webley, L. 2008. Costs of complaining and claiming. in: Cane, P. and Conaghan, J. (ed.) The new Oxford companion to law Oxford Oxford University Press. pp. 243-245

Court-based mediation in England and Wales: are judges evading their responsibilities?
Webley, L. 2007. Court-based mediation in England and Wales: are judges evading their responsibilities? Cleveland-Marshall College of Law, Cleveland State University Ohio, Seminar Series. Cleveland State University, Ohio 2007

Women solicitors as a barometer for problems within the legal profession: time to put values before profits?
Webley, L. and Duff, L. 2007. Women solicitors as a barometer for problems within the legal profession: time to put values before profits? Journal of Law and Society. 34 (3), pp. 374-402. https://doi.org/10.1111/j.1467-6478.2007.00397.x

A review of how other countries provide information and advice to the vulnerable on consumer and social issues
Webley, L. and Bacquet, S. 2006. A review of how other countries provide information and advice to the vulnerable on consumer and social issues. London, UK DTI. https://doi.org/URN06/1871

Mediation through the Birmingham court-based scheme
Webley, L., Abrams, P. and Bacquet, S. 2006. Mediation through the Birmingham court-based scheme. Journal of Housing Law. 9 (1), pp. 9-12.

Evaluation of the Birmingham court-based Civil (non-family) mediation scheme
Webley, L., Abrams, P. and Bacquet, S. 2006. Evaluation of the Birmingham court-based Civil (non-family) mediation scheme. London, UK Department for Constitutional Affairs.

Divorce solicitors and ethical approaches: the best interests of the client and/or the best interests of the family?
Webley, L. 2005. Divorce solicitors and ethical approaches: the best interests of the client and/or the best interests of the family? Legal Ethics. 7 (2), pp. 231-250.

Criminal records and organised crime in England and Wales
Webley, L. 2005. Criminal records and organised crime in England and Wales. in: Stefanou, C. and Xanthaki, H. (ed.) Financial crime in the EU: criminal records as effective tools or missed opportunities? The Hague, Netherlands Kluwer Law International. pp. 133-148

The loneliness of the pro bono coordinator
Webley, L. 2004. The loneliness of the pro bono coordinator. Law Institute Journal. 78 (12), p. 92.

Legal aid and legal need
Webley, L. 2004. Legal aid and legal need. Law Institute Journal. 78 (11), p. 91.

Access key in the UK
Webley, L. 2004. Access key in the UK. Law Institute Journal. 78 (9), p. 83.

Equality and diversity: women solicitors research study 48
Duff, L. and Webley, L. 2004. Equality and diversity: women solicitors research study 48. London, UK Law Society.

Pro bono and young solicitors: views from the front line
Webley, L. 2001. Pro bono and young solicitors: views from the front line. Legal Ethics. 3 (2), pp. 152-168.

Quality and cost: final report on the contracting of Civil, Non-Family Advice and Assistance Pilot
Moorhead, R., Sherr, A., Webley, L., Rogers, S., Sherr, L., Patterson, A. and Domberger, S. 2001. Quality and cost: final report on the contracting of Civil, Non-Family Advice and Assistance Pilot. London, UK The Stationary Office.

Permalink - https://westminsterresearch.westminster.ac.uk/item/96914/legal-professional-de-re-regulation-equality-and-inclusion-and-the-contested-space-of-professionalism-within-the-legal-market-in-england-and-wales


Share this

Usage statistics

464 total views
1 total downloads
These values cover views and downloads from WestminsterResearch and are for the period from September 2nd 2018, when this repository was created.