Nepotism and favouritism in the legal profession

by Giorgos Kazoleas, Lawyer

Nepotism in the legal profession is not only a domestic but a global phenomenon with timeless characteristics. Lack of meritocracy and favouritism during the process of recruitment and professional development of lawyers have common sources of nepotism and clientelism.

Even in countries with advanced legal systems, such as the USA, the phenomenon of placing relatives and friends in high positions in law firms is very common. In the southern countries of Europe, nepotism stems mainly from family-oriented concepts deeply rooted in the subconscious of the societies. In smaller populated countries the phenomenon of employers' relatives and friends being preferred for jobs in law firms is more than common.

In countries like India, the phenomenon of nepotism in the legal profession has particularly concerned the legal community, as there is a stronghold of a few privileged and powerful families which prevails in the legal profession. Among lawyers and judges, there is a strong tendency in the country for the children and grandchildren of lawyers and judges to carry on the professional tradition of their ancestors while first-generation lawyers face great obstacles in establishing themselves in the field of legal practice.

The prevalence of nepotism in the legal profession distorts healthy competition and seriously undermines professional equality and equal opportunities. The logic of operating a family company or office dominates as a conscious choice in the way and form of organization of legal professionals. Close relatives and friends are preferred not only to participate in the composition of companies and offices but also to be promoted or quickly rise in the hierarchy. On the contrary, lawyers without family legal background are limited to lower-ranking positions with heavy workloads and low salaries.

In fact, despite the legal profession being at first sight "open" to all, to the extent that it can be characterized as privileged, it is rather a "closed" profession that operates at two speeds (privileged and non-privileged lawyers).

Nepotism in the legal profession undermines the overall performance and level of legal services’ provision with a negative impact on society as recipients of these services. However, as it is related with characteristics of human nature, it seems to remain unchanged over time. (photo: linkedin.com)

Comments

Post a Comment

Top Stories

Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

Image
The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
Read more

Following the tragic death of lawyer Ebru Timtik, the CCBE calls on the EU and Turkish authorities to take urgent measures to prevent the death of lawyer Aytaç Ünsal

Image
The Council of Bars and Law Societies of Europe (CCBE) is deeply shocked by the death of Turkish lawyer Ebru Timtik on 27 August after a 238 days hunger strike. Lawyers Ebru Timtik and Aytaç Ünsal, respectively sentenced to 13 and 6 months and 11 years and 6 months in prison, decided to go on an unlimited hunger strike to denounce their unfair trial as well as the unfair trial of several dozens of Turkish lawyers. ( Read more here ) Since 2017, several Turkish lawyers belonging to the Progressive Lawyers Association and the People's Law Office, among which Ebru Timtik and Aytaç Ünsal, have been victims of judicial harassment. These lawyers who have fought for Justice and the Rule of Law have defended, among others, persons considered to be opponents of the Turkish government, families of miners massacred in Soma and Ermenek, populations expelled from their homes as victims of urban transformation, families of citizens killed under torture in police stations and prisons as well as...
Read more

ECtHR elects a new Vice-President of the Court and two new Section Presidents

Image
The European Court of Human Rights has elected on 23.9.2024 a new Vice-President of the Court – Judge Ivana Jelić (elected in respect of Montenegro). She will take up her duties on 1 November 2024.  The Court has also elected at the same date two new Section Presidents – Judges Lado Chanturia (elected in respect of Georgia) and Ioannis Ktistakis (elected in respect of Greece). They will also take up their duties on 1 November 2024. Ivana Jelić was born on 17 March 1975 in Podgorica, Montenegro and was elected Judge of the European Court of Human Rights on 12 July 2018. Lado Chanturia was born on 14 April 1963 in Tsalenjikha, Georgia, was elected Judge of the European Court of Human Rights on 8 January 2018 and is Vice-President of Section since 18 May 2023. Ioannis Ktistakis was born on 3 January 1971 in Thebes, Greece and was elected Judge of the European Court of Human Rights on 8 March 2021. (source/photo: echr.coe.int) Read more here
Read more

Consumer credit agreements: In the event of failure to comply with the obligation to provide information, a bank may be deprived of its right to interest

Image
The Court of Justice in its Judgment in Case C-472/23 (Lexitor) regarding the consumer credit agreements, ruled that, in the event of failure to comply with the obligation to provide information, a bank may be deprived of its right to interest.  This may be the case even where the individual seriousness of the infringement of that obligation and its consequences for the consumer are likely to vary from case to case. Lexitor is a Polish debt collection agency to which a consumer assigned rights arising from a credit agreement concluded with a bank. That company claims that the bank failed to fulfil its obligation to provide information to the consumer when the agreement was concluded. It brought an action before a Polish court seeking payment from the bank of a sum of money corresponding to the interest and charges paid by that consumer.  In supports of its claim, Lexitor submits, first, that the annual percentage rate of charge (APRC [1]) was overstated; in its view, one of th...
Read more

Prohibiting contact between children and their mother in custody and contact rights case was unjustified (ECtHR)

Image
The case of X and Others v. Slovenia (application nos. 27746/22 and 28291/22) concerned custody decisions and contact rights following the separation of X from her children’s father in 2018. It also concerned the reassignment of X’s court case to a particular judge.  In Chamber's judgment in the case, the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights, as regards X’s right to a tribunal established by law, and violations of Article 8 (right to respect for private and family life) with respect both to:  - the applicant children, as regards the order to remove them from X’s (their mother’s) care in March 2020, their not being represented in the contact and custody proceedings, and their not being allowed contact with their mother;  - X, for not being allowed contact with her children.  The Court found in particular that the President of the District Co...
Read more