Boundaries of the Profession

The boundaries between the “practice of law” and other types of work are constantly under construction, with lawyers and other service providers competing for control over tasks. Accounting firms, banks, consultants, self-help shops—how does competition from these groups shape law practice and professional regulation? How do changes in professional boundaries affect the structure of lawyers’ careers? This project examines emerging roles in (and around) the practice of law, focusing on the boundary between law and consulting and its market and regulatory implications.

New York Lawyer Diversity Project

The legal profession as a whole is less racially integrated than most other professions, according to a recent national report on the status of minority lawyers. While many employers, journalists, and scholars claim to be concerned with the problem, outside of law firms there is little data on the race and ethnicity of lawyers. This project explores what we know—and don’t know—about New York lawyers, with the goal of designing a system for routine data collection within the state. Modeled after bar association efforts in other cities and states, such as Chicago, San Francisco, and Texas, the project is funded in part by the New York State Bar Association Committee on Minorities in the Profession.

Risk Management in Large Law Firms

As law firms have grown and professional regulation has become more complex, large law firms have begun to invest in specialized risk management positions, such as loss prevention counsel, claims counsel, and law firm general counsel. These in-house lawyers, in turn, interact with insurers and management consultants, who together make up an emerging and increasingly powerful “risk management” industry. This project examines the development and influence of the risk management industry, focusing on the ways that risk managers shape management practices within law firms, and the extent to which management practices affect lawyers’ day-to-day work.

The Role of the Prosecutor

In theory, prosecutors are supposed to pursue justice rather than win cases. Much of the ethical, procedural, and constitutional rules that govern our criminal justice system are based on that assumption. There are certainly recent high profile cases that belie this reality. The recent scandal regarding the politicization of the appointments in the United States Attorney’s Offices similarly gives reason to question the accuracy of this theory. This project examines to what extent to prosecutors see their role as different from civil attorneys. To what extent does that self-perception effect what prosecutors do?