REFLECTIONS UPON THE EMPIRICAL DATA
The more powerful the empirical methodology which one adopts in seeking a description of what lawyers actually do, the better. I adopted a methodology which socio-legal scholars would tend to agree is not the most powerful, but it is one which I believe has proved, in this instance, quite effective.
Asking practitioners to describe their work—whether their answers are conveyed directly face to face, over the telephone, or on paper—is acknowledged to have certain limitations as a means of establishing what it is that one’s informants actually do. This is because, leaving aside the possibility of deliberate misrepresentation, practitioners in all spheres (including the academic) develop ‘stories’ of what it is they do, of what represents the typical ‘case’ or the typical day, and how they behave when confronted by certain difficulties or ethical dilemmas. Those accounts may be sincerely held, and they may be oft-repeated, but that does not mean that they bear any very close relationship to ‘reality’—as reality would be perceived by third parties.Research techniques adopted by socio-legal researchers as a means of overcoming this include, first, direct observation (or a mixture of observation and interview); second, they can involve various forms of ‘triangulation’ (seeking a range of potentially competing insights into one set of transactions—for example, by interviewing practitioners representing different interests in a case, or by interviewing legal adviser and client); and thirdly, as far as interviewing is concerned, it is possible to direct informants to certain specific pieces of work, not chosen by them, so that there is less opportunity to deliver a standardised account or ‘story’ concerning their practice, and a requirement instead to confront the specifics of a particular piece of work in respect of which the researcher has some other evidence (an interview with ‘the other side’, access to the case file, or an interview with the client).
In this instance, I did not do these things. I approached firms with a list of questions, many of them quite broadly framed, and thereafter I conducted interviews in which I invited my informants to address the issues in greater depth, but without requiring them to account for their practice in respect of particular cases or problems which I had identified. I did not attempt to interview clients, and likewise I made no attempt to approach other lawyers involved in any of the cases discussed with my informants.
There were a number of reasons why I did not go beyond the single interview format. The first, and most immediate, was that the fieldwork which I did undertake was in an unmapped area and the first task, as far as I was concerned, was to persuade representatives of the major commercial firms to talk to me at all. Secondly, I had to give assurances of confidentiality. The area under discussion was sensitive, and I judged that it was not feasible or appropriate to attempt to go beyond the very generous access which I was being granted in order to ask my informants to focus upon specific cases which I had identified by reference to some objective criterion—say, a given start date. That would in theory have been possible, but I felt that the access that I was being granted was in any event generous, and since I had indicated at the outset that my research was essentially exploratory—and since I had been granted access on that basis—I did not consider it feasible to ask for information pertaining to specific cases.
solicitors’ details
30 firms returned a completed questionnaire—16 firms participated in a followup interview.
Firm 1
A very large City practice with one London office and several overseas offices. The firm specialises in banking and commercial work. A trainee solicitor provided all information. No interview was conducted.
Firm 2
A very large, well-established, City firm specialising in corporate work. The firm has many overseas offices.
The senior partner provided all information. He has particular expertise in corporate finance and company law. No interview was conducted.Firm 3
This is a large City firm with several overseas offices. The firm is well known for its company and commercial work. An assistant solicitor provided all the information. No interview was conducted.
Firm 4
A medium-sized City firm specialising to some degree in insurance work. The firm has two offices in the City. The Senior Partner provided all information. He specialises in company commercial work. He was articled with the firm and has remained there since qualification. No interview was conducted.
Firm 5
This is a medium-sized City firm well known for its maritime and insurance work. The firm has three international offices, but only one UK office. A relatively senior partner provided the information. He specialises in shipping finance. He qualified with the firm and has been a partner for nearly 30 years. No interview was conducted.
Firm 6
This is a medium-sized City law firm with several overseas offices. It deals with both commercial clients and some prominent private clients. In addition, the firm undertakes a high proportion of international work. The Managing Partner provided all information. He is well known for his international litigation practice and has been a partner with the firm for over 15 years. No interview was conducted.
Firm 7
A medium-sized, well-established City firm, with two offices, which handles a substantial amount of litigation and commercial work. The head of litigation provided all information. Articled in the City, she has been a partner for over five years. No interview was conducted.
Firm 8
This is a small to medium-sized City firm. It undertakes a wide range of commercial work. The firm has only one office. The Managing Partner provided all information. He specialises in corporate finance and advertising. He was articled with the firm and has been a partner for over 30 years.
No interview was conducted.Firm 9
This is a medium to large national law firm with several offices based in three cities, including London. The firm also has one overseas office. The firm is a major commercial practice and is particularly well regarded for its banking work. All information was obtained from an assistant solicitor who was based in a regional office. No interview was conducted.
Firm 10
This is a prominent West Country firm, dealing with both commercial and private clients. It undertakes some Legal Aid work. The firm has only one office. The Managing Partner provided all information. He specialises in partnership law. He has practised both locally and in a medium-sized City firm. He has been a partner for 25 years. No interview was conducted.
Firm 11
This is a firm with offices throughout England. It is a medium sized regional practice. It deals with all areas of commercial law. It also deals with a large number of private clients. A senior administrative assistant provided all information. No interview was conducted.
Firm 12
This is a small to medium-sized practice which has offices spread mainly around outer London. The firm handles both commercial and private client work. It also undertakes Legal Aid work. The Managing Partner provided all information. No interview was conducted.
Firm 13
A small to medium-sized regional practice with an office in London, this firm undertakes a variety of work for both commercial and private clients. The Senior Partner provided all information. He undertakes company and commercial work. No interview was conducted.
Firm 14
A large City firm with several overseas offices, dealing with all major aspects of commercial work. This firm has a particular reputation for its litigation work. The Senior Partner provided all the information. He has extensive experience in corporate work and has been a partner for approximately 30 years. A face to face follow-up interview was conducted.
Firm 15
A very large City practice, this firm has numerous overseas offices and is particularly renowned for its banking and finance work. The Managing Partner provided all information. Articled with the firm, he has been a partner for over 20 years. His main area of expertise is litigation. A face to face follow-up interview was conducted.
Firm 16
A medium-sized City firm with several other offices. The vast majority of its work is insurance litigation. The Senior Partner provided all information. He specialises in contentious construction work. A face to face follow-up interview was conducted.
Firm 17
A medium to large City firm with a reputation for insurance and reinsurance work. The firm has more than one London office and an overseas office. A partner in the firm provided all the information. He has been a partner for over 25 years and specialises in solicitors’ negligence defence work. A face to face follow-up interview was conducted.
Firm 18
A medium-sized City firm, this practice handles a large proportion of private client work. The Senior Partner, specialising in private client work, and a partner responsible for residential property, provided all the information. A face to face follow-up interview was conducted.
Firm 19
This is a large West Country firm, undertaking commercial and specialist private client work. The Managing Partner provided all the information. A face to face follow-up interview was conducted.
Firm 20
A prominent Welsh firm of medium size, this practice concentrates mainly on commercial work. It also has a substantial litigation and insurance practice, providing services to both corporate and private clients. The Senior Partner provided all the information. A face to face follow-up interview was conducted.
Firm 21
This is a medium-sized City firm with several other offices both abroad and in other parts of England. It is a broadly based commercial practice providing services for both companies and private clients.
The Managing Partner provided all information. Having worked at several other City firms, he has been a partner for over 15 years. He specialises in commercial property. A follow-up interview was conducted over the telephone.Firm 22
A medium to large City firm with other offices in England and several abroad, this practice concentrates mainly on commercial work. It is particularly well known for its commercial property work. The Senior Partner provided all the information. A follow-up interview was conducted over the telephone.
Firm 23
A large national firm with a City presence and overseas offices, this firm provides a wide range of legal services. It handles commercial and private client work. A leading partner provided all the information. He specialises in financial litigation and has been a partner for over 10 years. A follow-up interview was conducted over the telephone.
Firm 24
This is a large West Country practice dealing with a wide range of work both for private individuals and companies. There are approximately 50 partners and 220 fee-earners. The Managing Partner provided all information. He has been a partner for over 15 years and specialises in private client work. A follow-up interview was conducted over the telephone.
Firm 25
A smaller regional firm with three offices in the surrounding areas of the City, this practice concentrates mainly on litigation work. A partner in the commercial department provided all the information. He specialises in corporate finance and whilst he has only been with the firm for two years he has had experience as a partner for over five years. A follow-up interview was conducted over the telephone.
Firm 26
This is a prominent southern firm with several offices. It handles a wide variety of work for both commercial and private clients. The Managing Partner provided all information. He specialises in litigation work of a commercial nature. He has been a partner for over 10 years. A follow-up interview was conducted over the telephone.
Firm 27
A medium sized regional firm with two offices. A wide variety of work is undertaken mainly in corporate, insurance and commercial areas. The Managing Partner provided all the information. Specialising in commercial law and articled with the firm, he has been a partner for over 10 years. A follow-up interview was conducted over the telephone.
Firm 28
A medium-sized northern firm, this practice handles a wide range of commercial, property, litigation and private client work. An assistant solicitor specialising in litigation provided all the information. He has four years post-qualification experience. A follow-up interview was conducted over the telephone.
Firm 29
A very large City law firm with many overseas offices, this firm handles all areas of commercial work. It also handles international cases. A senior partner provided all the information. A follow-up interview was conducted over the telephone.
Firm 30
This is a large multi-centred firm with several overseas offices. It undertakes a wide variety of work from both commercial and private clients. An assistant solicitor provided all the information. He specialises in litigation work. A face to face follow-up interview was conducted.