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Middlemen of the Law - An Ethnographic Inquiry Into the English Legal Profession

NCJ Number
82165
Journal
American Bar Foundation Research Journal Volume: 1981 Issue: 2 Dated: (Spring 1981) Pages: 377-405
Author(s)
J Flood
Date Published
1981
Length
29 pages
Annotation
This article describes the problems and hindrances encountered in a research project carried out on the English bar with emphasis on the role of barrister's clerks.
Abstract
Its purpose is to describe how the research was done rather than to present study results. It illustrates the obstacles and risks of empirical research into areas that have a long history of resisting research -- in this case, the profession of the barrister's clerk, which serves the role of middleman or mediator between the diverse interests of barristers, solicitors, judges, list officers, and clients of the English legal system. Implementation of the research project is described in terms of making access plans, actually breaking into the system and gaining access to the field, conducting the field observations, writing up the results, and dealing with reactions to the research. Among the problems cited are overcoming distrust of the researcher, avoiding social pressures, retaining objectivity toward the subjects, maintaining an unobstructive presence, and presenting conclusions that may not be to the subjects' liking. A total of 54 footnotes are given.

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