Self-Regulation of Legal Professions in State-Socialism

Abstract

The paper analyzes how the self-regulatory institutions of two legal professions-attorneys-atlaw and in-house lawyers-developed in Poland and Russia from the second half of the 19th century until the collapse of state socialism at the beginning of the 1990s. These two countries constitute the most contrasting cases of socialist transformation in the region in terms of legal traditions and of the broader socio-political context. To adequately grasp the case differences it is necessary to include the formative period of the modern legal profession in the region. The comparative analysis uses the conceptual framework of the sociology of professions. It shows that (1) attorneys-at-law were able to preserve a certain degree of collective autonomy and self-regulation during most of the time; (2) institutional path dependencies reaching back into the pre-socialist past determine the degree of autonomy and self-regulation; (3) the discrepancy between both countries is particularly pronounced in the case of the occupational group of in-house lawyers; (4) the state-socialist regimes were, therefore, not as unifying and homogenizing as it is sometimes assumed.

The state tribunal and the paradoxes of socialist legality in 1980s Poland

“…They participated in state and party proceeding from the 1960s onwards as experts, infused the official ideology with state-building and legal elements, and presented their work as remedies for reoccurring political crises. 10 In practical terms, the programme of socialist legality encompassed codification projects (criminal, civil, labour, family and administrative procedures and codes), the autonomy of the legal professions (especially of practicing attorneys-at-law), 11 and formally autonomous legal oversight institutions (courts and tribunals).…”

Professionalisation in Early Childhood Education in Russia

“…The powerful role of the Russian state in all phases of professionalisation is quite palpable, making the histories of our professions considerably different from Anglo-Saxon writings. Russian professionalism has largely developed "from above" as a result of collaboration not conflict between the state and professional organisations (Mansurov et al, 2004;Mrowczynski, 2012).…”

Lawyering in Transition. Post-Socialist Transformations in Autobiographical Narratives of Polish and Russian Lawyers

“…In Poland, strong regimes of professional self-regulation (samorząd zawodowy) emerged and became the model for the institutional professionalization of other occupational groups (Antkowiak 2012). The organizations of the Soviet Bar (advokatura) de facto lost their self-regulatory power in the early 1990s and the reign of "free market" had begun (Mrowczynski 2012;2014;in press).…”