Civil Rights Attorneys
Civil Rights attorneys work to ensure that every people are given fair treatment when it comes to their race, disability, age, sex, gender, religion, marital status, or national origin.
What is Rationalization?
As defined by Merriam-Webster, rationalization is the reaching process whereby traditional modes of thinking were being replaced by an ends/means analysis concerned with efficiency and formalized social control.
George Ritzer, an American Sociologist, defines rationalization under 4 components; efficiency, control, predictability, and calculability
Efficiency: entails a managerial focus on minimizing the time required to complete individual tasks as well as that required to complete the whole operation or process of production and distribution
Control:what is wielded by the management to ensure that workers appear and act the same on a moment to moment and daily basis
Calculability: focus on quantifiable objectives rather than subjective ones. In other words, the focus of monetary value
Predictability: as repetitive and routine production or service delivery processes and in the consistent output of products or experiences that are identical or close to it.
Efficiency in Civil Rights Law
Starting in the 1960s, civil rights was a pressing issue that began to be pushed to the forefront of the media. Law firms and committees like the Lawyers Committee for Civil Rights, began to form. Hundreds of firms formed across the United States in order to tackle discrimination, eventually resulting in the passage of civil rights acts. With hundreds of law firms being formed, it made it easier for attorneys to take on more cases. Additionally, it became easier for attorneys to work on specialized cases involving civil rights such as: redistricting, criminal justice, digital justice, election protection, public policy, and several other special initiatives.
Resistance to Efficiency
Unlike most civl rights law firms, public interest law firms advocate for underrepresented people or causes by handpicking their clients. In contrast, public interest law firms are working on a small number of specialized cases therefore making them not as efficient because they are not able to get as many cases done as a normal civil rights law firm would.
Calculability
In 1975, the Supreme Court effectively set a precedent that creates a billable hour. As a result, The cost of a civil rights attorney pay has become very calculable over the years with most of the fees being the; time and labor required for the case, difficulty or novelty for the case tried, skills needed to pursue the claim, figures from attorney fees in similar cases, attorneys resume, and/or awards from other cases.
Resistance to Calculability
In addition to hand picking their clients, Public Interest firms do not charge their clients. This is of course very different from other civil rights law firms as it eliminates the calculability within the firm. Instead, public interest firms make their profit off of media attention or other endeavors that have nothing to do with the client paying out of pocket for their expenses.
Control
In 1964, the Civil Rights act was passed which outlined all discrimination on the basis of race, color, religion, sex, and national origin was illegal. This created control within Civil Rights attorneys because it set a precedent that attorneys could use in future cases. Furthermore, in any future civil right cases, lawyers would began to use this act as justification when someone has been discriminated against.
Resistance to Control
While discrimination is clearly outlined as illegal via the civil rights act of 1964, it is completely impossible to eliminate discrimination. There have been several cases that have not always followed what is expressed in this act due to other discrepancies.
Predictability
When it comes to becoming a civil rights attorney, the steps are already outlined.
- Obtain an Undergraduate Degree
- Apply to law school (obtain all necessary materials)
- Get into Law School
- Pass Bar Exam (Become Licensed Attorney)
Furthermore, applicants or aspiring civil rights attorneys already know what to expect.
Resistance to Predictability
It is not guaranteed that with the necessary qualifications that the applicant will be hired. Like most jobs, there will be an application process, interview, or some sort of training, applicants will have to complete. But because this is something that is left up to each individual law firm or nonprofit, it has not become a rationalized process.
Conclusion
The rationalization of Civil Rights Attorneys have furthermore been accredited to four main factors; efficiency, control, calculability, and predictability. It is clear that since the 1960s this is a practice that has expanded into something that is more than just civil rights. With growing political tensions in the United States, it is not always clear that precedents set within the 1960s will continue to be impactful on future cases and ensure clients justice.
Citations
“2022 Attorney Fees: Average Hourly Rates & Standard Costs.” Thervo, https://thervo.com/costs/attorney-fees.
Credits:
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