1. ‘A UNANIMOUS TACIT COMPLICITY’* DOES REPRODUCTION SERVE AS GATEKEEPING? 1*Pierre Bourdieu, 'The Force of Law: Toward a Sociology of the Juridical Field' (1986) 38 Hastings Law Journal 805, 843. Kristoffer Greaves Australian Lawyer - PhD Candidate Deakin University School of Education

2. PLT Practitioners as Gatekeepers? PLT practitioners are lawyers Lawyers are officers of the Court Paramount duty ?Intersects with PLT work… …when assessing competence? 2

3. Does lawyer’s paramount obligation intersect with work as PLT practitioner when assessing competency? 3

4. Duty to Court is paramount – that’s it Duty to Public important too We are gatekeepers (5) Credibility of course/provider important But: – Feel conflicted / confronted sometimes – Law School graduates without basic competencies 4

5. PLT provider’s problem Not gatekeepers (1) Market forces take care of it Protection of clients prevails Top Down / Bottom Up pressure prevails Student attributes subsume PLT outcomes 5

6. Gatekeepers? PLT Practitioners - competency Admission Boards – suitability + eligibility Profession – work experience + hiring prefs 6

7. Remind me… Why Do We Do PLT? 7

8. Purpose of Legal Profession Acts Protect Clients Protect Administration of Justice Assure Quality of Legal Services 8

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10. Field Forces and Agents 10

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12. Struggles for categories of capital Cultural – dispositions, goods, qualifications Social – durable networks, mutual recognition Symbolic – mastery, prestige Economic - financial 12

13. ‘A UNANIMOUS TACIT COMPLICITY’ Bourdieu – reflexive sociology Social stratification + professional training Judicial independence – but commits to established order Law as ‘Education System’ Reproduction - dispositions + practices ‘Symbolic Violence’ - compliance 13

14. Using Bourdieu Dezalay + Madsen (2012) Ways profession constructs key position in management + evolution of state No predetermined path for law + lawyers – evolution of legal forms and institutions – needs empirical exploration 14

15. Using Bourdieu Structure and Agency Are practices able to influence structures? Are structures inscribed into practices? 15

16. de Certeau Practices in everyday life Agents’ tactics to resist dominant strategies/structures Tricks, turns, appropriations, micro-inventions Some interviewees: – Resist top down, bottom up pressures – Divert resources to assist less able trainees – Further diversity in profession 16

17. @pleagletrainer 17