This book offers a new visit to the law practices Reference KellyKelly documented in his 1994 book, Lives of Lawyers: Journeys in the Organization of Practice. The focus lies with professionalism, which Kelly conceives of as two-dimensional: a horizontal axis, spanning the profession and consisting of general rules and principles, and a vertical axis within the workplace that captures hierarchy and differentiation between lawyers. Kelly explores the vertical axis of professionalism to uncover how lawyers forge meaningful lives in the law. He argues persuasively that all change is local and that close inspection of organizational settings reveals that “law practice organizations are the boiler rooms of change in the legal profession” (p. 235).
The core of the book (Chapters 2–6) consists of a set of deeply rich narratives that constitute an almost ethnographic account of five distinct law practices. These include a niche market law firm, a public utilities commission, the legal division of a development company, a large corporate law firm, and a law firm that transitioned from boutique to mega-firm. (Unfortunately, a solo practice could not be revisited due to the sealing of a legal case as confidential—this case was a centerpiece of the earlier book.)
The second part of the book, starting in Chapter 7, is more analytical, providing an assessment of the changes that transpired across the 15-year interval between interviews at these practices. Kelly charts the landscape of the profession, detailing facts and figures of expansion, diversification, disparities, growing complexity of transactions, restructuring, and consolidation. Yet he is skeptical of sweeping generalizations about the legal profession, specifically stories of transformation and profound change. As Kelly argues: “These stories of loss and gain are not so much inaccurate as they are partial and rudimentary—virtually useless in helping people understand the complexity of change in law, the diversity within the profession, and the creativity of people attempting to figure out how best to conduct their lives as lawyers” (p. 225).
Each of the practices described in Lives of Lawyers Revisited illustrates a distinct idea of its niche or relevant field within the universe of lawyers, as well as its status within that domain. Kelly traces these linkages in Chapter 8, sizing up each of the practice settings and their distinctive properties. He cleverly links the four dimensions that capture the characteristics of law firm practice organizations: structure of work (both horizontal and vertical), politics and control, market environment, and institutional status. The four angles on law practices provide a sophisticated analytical tool for understanding the profound ways in which “the legal profession is being driven by the engine of its organizations” (p. 291).
In Chapter 9, Kelly explores the idea of profession as occupational community. His account draws on the works of Reference AbbottAbbott (1988), Reference KronmanKronman (1993), Reference LarsonLarson (1977), and Reference LazegaLazega (2001). He appraises the profession as an enterprise or business, as a social ideal, and as an occupation, and he considers how these three frameworks provide a cognitive map to navigating the core lawyer-client relationship. The analysis is nuanced, paying close attention to the value structures of the profession.
Kelly goes further to discuss current tensions within the legal profession. He observes astutely that “[t]he lineaments of professional autonomy have become harder to trace in a world increasingly dominated by organizations” (p. 318). Kelly's analysis leads him to conclude that “[t]he problem with the legal profession may be less the threat of law degenerating into a business than law's missed opportunity to become better at its distinctive business” (p. 331).
The book does not end here. Readers are advised not to miss the gems that follow. The Afterword includes an inspired discussion of the parallels between documentary film and Kelly's approach to interviewing and writing Lives of Lawyers Revisited. Finally, the Appendix offers analytic data documenting a consolidating profession in an intensely competitive market with continued growth at the margins.
Kelly is cognizant of the gaps in this book—particularly the inner workings of clientele relations. He also admits that lawyers had become more guarded in the second set of interviews. He was forced to change his interview protocol, promising each individual that he would not attribute to them any comment critical of the organization, person, or event without their explicit approval. The result is that the lawyers interviewed more often praise organizations where they work, and when critical statements do surface, they rest quietly without attribution. Kelly is likely correct in his conclusion that lawyers sense they are constrained by stronger bonds of organizational control.
This is a fascinating book. The reader is treated to vibrant accounts of vastly different practice settings, coupled with a provocative theoretical counterpoint that bridges micro to macro levels, from lived biography to structural dynamic. Lives of Lawyers is a must-read for scholars and students of professional ethics, as well as all those interested in understanding the central role of organizations in the changing contours of the legal profession.
