Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

31  R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 11-39, Maio-Agosto, 2019  Austria 93). Apart from a lucky minority of specialists in such fields as business law and administrative law, most lawyers must make what income they can out of handling large numbers of cases in low value fields, such as caraccidents, credit recovery and labour cases. 85 As Trocker put it: “The pursuit of sources of income contributes to the judicial burden, favours futile controversies and makes lawyers turn into a stimulus to litigation instead of a restraint over it”. 86 The work practices of law firms enable lawyers to handle such a large numbers of cases. As Chiarloni put it: “Insuch hierarchically structured firms, a chief with manage- rial and representative functions supervises the work of a lar- ge number of employees. The lower level employees are often beginners, employedat the level that their talents allow. Some apprentices carry out jurisprudential and doctrinal research, others carry papers to and from the court. The present slow procedures allow practitioners to manage an increasing caseload while keeping the same number of employees. Most work can be performed in the office. Thanks to postponements, work can be scheduled in order to allow the most cost effective employ- ment of staff ”. 87 k) Structure of Proceedings The work practices described by Chiarloni are also adopted by medium and small sized law firms, which make up the bulk of the legal profession in Italy. The reference made to “postponements” synchronises work practices with the structure of ordinary civil proceedings. 88 The civil procedure of Italy, as well as those of other countries belonging to the 85 M. De Cristofaro, N. Trocker (eds.), Civil Justice in Italy, p. 49. 86 M. De Cristofaro, N. Trocke r (eds.), Civil Justice in Italy, p. 49. 87 Cf. S. Chiarloni, Civil Justice and its Paradoxes: An Italian Perspective, p. 267. 88 Cf. R. Caponi , Zur Struktur des italienischen Zivilprozesses, Festschrift für Rolf Stürner zum 70. Geburtstag, Mohr Siebeck, 2014, p. 1455 ff.

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