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New governance regulation and lawyers : when substantive compliance erodes legal professionalism
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Aulakh, Sundeep and Kirkpatrick, Ian (2018) New governance regulation and lawyers : when substantive compliance erodes legal professionalism. Journal of Professions and Organization, 5 (3). pp. 167-183. doi:10.1093/jpo/joy016 ISSN 2051-8811.
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Official URL: https://doi.org/10.1093/jpo/joy016
Abstract
A dominant theme within institutional theory is that organizational responses to regulatory demands will be characterized by decoupling. However, this assumption rests on regulation as a coercive force. The emergence of ‘new governance regulation’ and the freedom afforded to firms to tailor regulatory demands to local circumstances should, theoretically, foster greater commitment to, achievement of, regulatory goals. Focusing on the responses of solicitor practices in England and Wales to outcome-focused regulation, this paper explores the extent to which the flexibility of NGR triggers substantive compliance. Drawing on multiple data sources, we find that law firms made significant investments in compliance infrastructures and developed strategies to integrate compliance into work structures and day to day activities. Whilst their responses indicate substantive compliance, core regulatory goals were only partially met.
Item Type: | Journal Article | ||||||||
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Subjects: | K Law [Moys] > KF Common Law, British Isles > KF England and Wales H Social Sciences > HD Industries. Land use. Labor |
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Divisions: | Faculty of Social Sciences > Warwick Business School > Entrepreneurship, Innovation & Management Faculty of Social Sciences > Warwick Business School |
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Library of Congress Subject Headings (LCSH): | Corporate governance -- England, Lawyers -- England -- Case studies | ||||||||
Journal or Publication Title: | Journal of Professions and Organization | ||||||||
Publisher: | Oxford University Press | ||||||||
ISSN: | 2051-8811 | ||||||||
Official Date: | 1 October 2018 | ||||||||
Dates: |
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Volume: | 5 | ||||||||
Number: | 3 | ||||||||
Page Range: | pp. 167-183 | ||||||||
DOI: | 10.1093/jpo/joy016 | ||||||||
Status: | Peer Reviewed | ||||||||
Publication Status: | Published | ||||||||
Reuse Statement (publisher, data, author rights): | This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Professions and Organization following peer review. The version of record Sundeep Aulakh, Ian Kirkpatrick; New governance regulation and lawyers: When substantive compliance erodes legal professionalism, Journal of Professions and Organization, , joy016, https://doi.org/10.1093/jpo/joy016 is available online at: https://doi.org/10.1093/jpo/joy016 | ||||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||||
Date of first compliant deposit: | 5 November 2018 | ||||||||
Date of first compliant Open Access: | 24 October 2020 |
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