There is widespread concern about the future of will writing solicitors across England and Wales
. Is not uniquely English phenomenon.
In Britain, Wills Trusts LPA UK will writers
, the Richard Susskind
of the decade has written important work “The End of Solicitors?”
(Oxford University Press, 2008), while corresponding considerations are discussed in the US
(but not limited to: Thomas Morgan, The Vanishing Lawyer: The Ongoing Transformation of the US Legal Profession, Oxford University Press, 2009).
despite using a rather depressive titles, is necessary
, because without effort (calm) understanding and recording the causes of problems
and without forecasting of future environment
where we present but finite solicitors, young and future solicitors and – it is assumed constant-law firms we will act, we cannot take today and tomorrow those measures that will properly prepare solicitors to deal with the challenges of the future.
The changes that have led us to where we are.
What happened and we are where we are-and we all recognize that we are at the worst point of the last forty
- «Guild of will writers».
We thought the profession as “this-adjustable”.
We wrote our rules were, and of course the writing in ways that benefit us.
But this led to a substantial block us
from what was happening round us and our in absentia.
The society progressed economically and technologically and not condoned our lag
(technological, organizational, scientific and social).
The society ceased to tolerate provide low-level services
, found other outlets for information and advice (e.g. auditing firms), considered the lawyer criticised the parasite tolerance to epiorkoys members,
dissolved (and welcome, despite the reaction of the industry) (medieval English inspiration) “kleiston” of our profession
with the prohibition law
in other geographic regions or the prohibition of establishment of branches law firms in other regions.
- “Overpopulation of wills”.
We have allowed an increase in the number of solicitors in addition to every need of the konomias and society and without any reference to their needs.
Our universities are introducing at law schools so anyone can teach not so those who would have need of the society.
And those added by graduates of foreign universities. Although thebureaucratic and technologically backward
State-Administration-local government and the consequent polynomia, became important area absorbing legal
and they generously offered private economy field action solicitors, these are phenomena of economic backwardness and kachexias.
It is not a question of proportion of solicitors/population ratio solicitors subject to the needs of society and the economy.
When the State becomes (functionally and technologically) more efficient and more competitive economy,
you don’t need the old General armies of solicitors
but fewer well-trained solicitors, you will grow as the needs of the new society-State-economy. Do not saw, we did something. But we liked the power of our numbers.
- “globalisation” – and especially in the case of Englandthe integration into the EEC/EU – has changed our reality.
What we learned at the University the decades of 1970 and 1980 have vanished with the invasion of European law
, while globalization brought us new laws and mainly practical, unknown mechritote.
Indicatively, the work of El. Levandi, Law of commercial companies, vol.2-Anonymous Companies
(ed. Ant. n. Athens: Sakkoulas, 1988), contained standard contract of sale of all the shares of an SA, total size 3.5 pages (pages 649-652 for the precision)!
Today, besides being preceded by due diligence that examines the company “leaf and feather”
(which means that only organized contractors can take something), by economic, fiscal, environmental terms, as well as the all kinds of contracts, pending the proceedings
, labour and insurance topics, compliance with specific laws (competition, industrial and intellectual property, urban planning etc), contracts and agreements span hundreds of pages and supporting will writing documents.
The polynomia, necessary knowledge of foreign laws and international conventions
and to modernize all branches of law marked the transition
from the generalist lawyer in qualified lawyer
(which again is very more knowledge and information whether an object in comparison of lawyer of 4 Codes).
At the same time, developed and in many cases took off foreign law firms
opened offices in dozens of cities around the world
and employ thousands of solicitors
and other scientists and that minutes are multinational companies.
We, with our obsession to the lawyer as an unpaid public servant
who cannot work in corporate form as this supposedly ‘ commercialize ‘ lawyer,
once allowed the 1989 law firms and those with severe personal item.
Of course – until we ahead-
we saw the entrance of foreign, mainly English law firms, initially in shipping and shipping finance, now on general commercial law, banking law, the law of energy, you can to raise capital, human resources,
technology and above all knowledge and experience of organizations they belong to.
We saw, with the complex tax and stock exchange law,
and particularly international auditing firms to provide legal advice and to organize-with- founded law firms on occasion,
potential and illegal but bypassing the law which prohibits the affiliation with non-lawyer counsel
Globalization also revealed that the law cannot operate without cooperation
with other sciences. The “mythical” nature of legal
, (to remember the young Marx) Demystified
and was one among many sciences and even with necessary cooperation with other sciences.
Which lawyer can exercise serious competition law
without knowledge of finance,
telecommunications, or iroforikis without technological knowledge, family law without knowledge of DNA (paternity of children) or accounting ( divorces) etc, to mention a few examples. In the context of companies initially but after and generally in society the lawyer-maitre was a lawyer associate
all other professionals.
What characteristic example of anachronistic perception of solicitors
is the reaction to the creation of patent attorneys.
In Memorandums provided for the obligation to provide for patent attorneys
that is basically science graduates (mechanical, chemical, etc) who are studying only the patent law
– are not solicitors-and can write patents and to espousing inventors on administrative approval procedures of applications
for awarding diplomas.
The institution is indispensable If we want to talk about innovation
and does not exist in Greece such business. The bar associations – for unknown and incomprehensible reasons
– the fought and until now no patent attorneys.
We did not follow the developments of technology
. We all know the changes in the research of jurisprudence and doctrine in the legal databases and computerization.
But there’s one part delayed and, on the other hand do not follow even now technological developments.
I won’t mention what I know that already act in the exterior with the discovery document
or the use of artificial intelligence (artificial intelligence) not to be graphic.
Just the computerization of courts, the electronic tracking of civil and criminal proceedings,
the electronic filing of documents even legal databases have left tragic back
The legal data base
of DPS «ISOCRATES ‘ has upgraded technology by 2008 about
And did not discuss how much more convenient and complete is the foreign legal databases
with advanced word search tools, access to text articles and books etc.
A huge technological chapter is the protection of the law offices
of tampering (hacking).
How many law firms may say that ensure the privacy of their files?
How important is the impact of information technology on the famous ‘ law matter “.
The impact is twofold: on the one hand a series of legal actions
that required due to the red tape inserting the lawyer primarily between Administration and managed are removed with the computerization and the simplification of procedures
and direct citizen access to public services, on the other hand with the automation and standardization of multiple documents and contracts that no longer require legal intervention (statutory companies and lease up documents). This revealed that the lawyer does not add value to the process
Instead it was trading cost (cost transactional). But technology/internet officialς became increasingly disillusioned with the “legal science”
as it spread, simplified and made accessible to the Citizen
the legal knowledge. When the expression of Morgan: “a lawyer’s knowledge is no longer a black box incapable of client penetration”.
- «Substitution of a last will and testament».
One critical change is that in many ways the warembasi of the lawyer removed.
in order to avoid misunderstanding does not seem to me to be a necessary evil.
What happened is that where technology has made it possible for other forms of mediation
in resolving problems, disputes and uncertainties at a lower cost than traditional ways that necessarily included the lawyer that resulted in abolition of the lawyer as a necessary part of the process.
Mainly in the urban sphere of private life and gradually ins trade.
One example is a SiI pensions.
Old whoever wanted to retire, go to a lawyer to draw for a fee
. Today this and dozens of other processes have slopped the lawyer
from the middle.
At the same time, for other reasons, differences are resolved by committees
without the necessary presence of the lawyer.
you will move, as many aspects, from the juridical disputes to alternative dispute resolution
(e.g. mediation and private arbitration).
Where a lawyer does not offer any added value, will be removed if the issue is procedural, standard and automated.
And this-in probate terms-is good for society.
The bad, with the exception of law material loss, is that Although new legal tasks
as the jurisprudence evolving into new areas, however each new task requires a significant investment of time and capital, potentially poses risks and to put it simply, much more trouble than in the past.
But this is again something different than happens in other branches
. The general rule is that If today doesn’t offer added value
, economy flows, or to doctor, or laborer or lawyer. Again don’t we saw this coming but,
even if we saw we did something rather than to try to maintain achievements.
The British solicitors, maybe the best in Europe,
need to monitor specific hours of seminars per year to maintain their license.
The Professional Association of the care to organise courses and seminars for its members
At the same time be connected with Universities for the provision of specialized post-graduate and executive graduate
studies in already solicitors.
- «in-house solicitors for lasting power of attorney” .
A particular parameter is the growing strength of internal legal consultants
. A few years ago, external solicitors in the majority of cases were the essential legal advisors of companies
Gradually organizing and empowering in-house legal counsel,
that already is highly trained and proficient legal and regulatory framework in which companies operate, implies that much of the legal
work is now done by their teams and while directed to external legal s only when they can offer added value.
Many companies in order to assign particular work, engage in so-called beauty parades
and make repeated reviews of bids.
- “crisis wills”.
Add to that the economic crisis in Greece
and have a Molotov cocktail ready to explode. The tax increase, the increase in social security payments,
the contraction in economic activity by 25%, added to the continuous flow production graduates of law schools,
in the administrative reorganization that limit the role of solicitors, the need of increasing specialization and continuous training, technological progress
leading to standardization and virtually eliminate task bar where these are low legal content within a stable framework, and recurring
Perhaps the worst is that without substantial development even those solicitors develop skills
will not be able to use them. AttorneyI with amazing studies
that could offer added value is either unemployed, in the absence of any object
relevant to their studies-so apoependyontai-whether dealing with others representing lost cost opportunity (opportunity cost), or just not turned on Greece
because they are rocket scientists
who otherwise will be invited to work in an environment of anachronistic compared to their studies. Indeed, if the banking economy does not grow, if production doesn’t pick up front that will work these brilliant minds?
Not only the solicitors lose, lose and the economy
that does not take advantage of the added value that this man can provide.
Has anyone wondered why privatization Fund
or in large projects or in large mergers and acquisitions or in large finance deal
descend foreign law firms with junior Greek partners contractors?
Why we stayed so back
that today there is no single international-(I mean really international and no only with typical Office in Brussels or London)- Greek law firm?
As once had told a German politician of the interwar period “If we do not produce products for export, will produce people for export”
. This is the brain drain.
Community law, in response to the election of the country’s Bar Association
does not discuss these issues seriously. And if the discusses, integrate within the context of trade union opposition,
namely what worse could do.
Necessary structural interventions.
From what I have mentioned, can draw some-clearly there are other many- key findings
for structural interventions that must be processed
by the new administrations of bar associations.
-Limitation of the admitted students
at law schools
-Overhaul of legal studies,
undergraduate and graduate.
-Change of traineeship
(to include courses in legal practice, exercise next to judges, training in the use of databases etc)
-Education supporting legal professionals
(legal secretaries, paralegals) and certification in cooperation with special knowledge of similar bodies, science and skills (accountancy,
finances, art of negotiation, mediation, patent attorneys, etc).
-Use of immovable property of bar associations
for meeting rooms and workspaces new mainly solicitors (solicitors ‘ business clusters)
with decent conditions but also for the conduct of arbitration, mediation on neutral ground etc.
-In cooperation with the law schools
create cycles of expertise for solicitors (executive graduate courses).
-Establishment of pollaplwn special types of law firms
(‘ capital ‘, ‘ limited liability company ‘, ‘ personal ‘) so as in other activities to allow selection according
needs and allow – and to incentives as in other activities-establishing, transforming and merging them to create competitive units.
-Recognition of the broader “legal professional” (legal professional),
as opposed to the “lawyer”.
-Promoting Function of ‘ rather than ‘ to ‘ prwtodikais despite this Court “
and” despite Supreme Ice tracking seminars “and not based on a formal criterion like today.
-Training of all solicitors in the electronic submission of documents
and computerization of courts
-Strengthen the disciplinary role of bar associations
and setting up the professional liability of solicitors
-Access of law firms and offices in Bank financing.
All traders theoretically can raise capital to finance investments
and operations, e.g. have the possibility – known current limitations-in cash facilities to normalise the financial flows.
The solicitors, that we are ‘ traditional ‘ last in the hierarchy
of the necessary payments of our clients do not have any possibility of trade financing.
Writing for all those I did not write about the problems of Justice
but obviously the improvement of administration of passes and through them.
Nor wrote for necessary measures to alleviate the financial-insurance burden of solicitors
If you thought that solicitors have no problems, hope you changed your mind