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University of South Carolina

Legal profession

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Full-Text Articles in Law

Evidence-Based Lawyer Regulation, Elizabeth Chambliss Jan 2019

Evidence-Based Lawyer Regulation, Elizabeth Chambliss

Faculty Publications

The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under a spotlight. Competition from technology companies and concerns about access to justice have increased political pressure for market liberalization. Independent research is challenging the unique value of lawyers’ services, even in formal legal proceedings, and this research is increasingly well-organized and well-funded at the national level. The organized bar is asleep at the wheel and ill-prepared to respond.

This Article argues that the United States is moving toward evidence-based lawyer regulation, and suggests strategies for equipping …


Nothing Could Be Finer? The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus Apr 2016

Nothing Could Be Finer? The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus

Faculty Publications

There is amazingly little contemporary research on the counseling function of government agency lawyers. Most research on federal government lawyers focuses on the Department of Justice, the Attorney General, or the birth of the modern administrative state during the New Deal. Much of this work focuses on the organization of federal litigation authority. At the state level, likewise, recent scholarship focuses on the litigation function of state attorneys general. Meanwhile, we know very little about the agency counseling function or the role of agency counsel in shaping agency policy and practice.

The role of state agency general counsel is an …


Law School Training For Licensed 'Legal Technicians'? Implications For The Consumer Market, Elizabeth Chambliss Jul 2014

Law School Training For Licensed 'Legal Technicians'? Implications For The Consumer Market, Elizabeth Chambliss

Faculty Publications

In January 2014, the ABA Task Force on the Future of Legal Education released its report calling, among other things, for limited licensing and the expansion of independent paraprofessional training by law schools. In Washington State, all three law schools are collaborating with community college paralegal programs to design and deliver specialized training for “Limited License Legal Technicians” (LLLTs), who will be licensed to deliver limited family law services beginning in 2015. At least three other states, including California and New York — which together contain nearly twenty-six percent of U.S. lawyers and seventy-six law schools — are actively seeking …


Organizational Alliances By U.S. Schools, Elizabeth Chambliss May 2012

Organizational Alliances By U.S. Schools, Elizabeth Chambliss

Faculty Publications

U.S. law schools increasingly are forming organizational alliances with other training providers in the interests of market expansion and/or consolidation. At the top of the market, U.S. law schools are seeking to brand their positions within the global economy by forming alliances with elite foreign law schools, business schools, and corporate law firms and clients. Schools outside of this market are moving to establish alternative niches through alliances with solo and small firm practitioners, CLE providers, and other organizations serving low-and middle-income clients, as well as through the development of accelerated and/or specialty degrees. Schools at all levels are increasingly …


The Professionalization Of Law Firm In-House Counsel, Elizabeth Chambliss Jun 2006

The Professionalization Of Law Firm In-House Counsel, Elizabeth Chambliss

Faculty Publications

This Article examines the structural evolution of the "firm counsel" position from a volunteer, part-time position filled by an existing partner to a specialized, often full-time position increasingly filled by career in-house counsel. Based on focus groups and interviews with firm counsel, as well as participant observation at meetings and conferences aimed at firm counsel, I examine how the professionalization of the firm counsel position affects: (1) the definition of the firm as the client; (2) the authority of firm counsel with partners; and (3) firm counsels' professional commitments and attitudes about ethical rules. I find that, from a regulatory …