Following the Legal Services Act 2007, which permitted the delivery of legal services through Alternative Business Structures (ABS), the Solicitors Regulation Authority required all regulated legal service firms to appoint Compliance Officers for Legal Practice (COLPs). COLPs are charged with taking reasonable steps to ensure that firms comply with their obligations, which entails interpreting what outcomes‐focused regulation(OFR) requires…
Finding ways to quicken, not deaden, the spirit of legal education: reflections on approaches to drafting regulatory standards
Legal education is entering a period of great uncertainty. On the one hand the burgeoning quantity of law and legislation, the disruptive influences of technology and the reality of falling student wellbeing demand a re-examination of the content and approach to legal education. On the other hand, regulators and admitting authorities are increasingly concerned with…
Getting Conference Ready – Session Previews
In preparation for this year’s ICLR Conference, we are offering attendees and members previews of upcoming conference sessions. Session chairs offer content outlines and call for questions and comments to be integrated into their presentations over the weekend. Access the conference programme and session previews below. Session previews Thursday – 4 October Defining Quality and…
Control over Blockchain Network
One of the key problems of blockchain technology is lack of control of users, organized societies, and state authorities over the transactions and asset on the decentralized network. The distributed ledger and blockchain are interesting as an example of new technology, which is the rule not only for users but also for governments. Technology-driven rules…
Lawyers’ ethical obligations, innovative models of legal service and a time of regulatory upheaval: settlement counsel as an instructive model
Current models of professional regulation still embody traditional norms around the lawyer’s role. This article explores the constraints of reactive, rule-based ethical frameworks, using the example of Settlement Counsel, an innovative negotiation structure to advance settlement in commercial litigation. Settlement counsel work alongside litigation counsel, on the same side of the litigation file, but with carefully bifurcated roles….
Two’s Company, Three’s a Crowd? Regulating Third-Party Litigation Funding, Claimant Protection in the Tripartite Contract, and the Lens of Theory
The advent of third-party litigation funding (‘TPLF’) is arguably one of the most significant developments in civil litigation in common law countries for many decades. While third party-funded and indemnified defendants have appeared in common law courts for some centuries, the recent corresponding appearance of third party-funded and indemnified plaintiffs is in many ways a…
2018 Conference Preview: Impact of International Lawyer Organisations on Regulation
Impact of International Lawyer Organisations on Regulation Synopsis This session explores how international lawyer organisations try to improve lawyer regulation and what the effects are. The presentation is partly based on the findings of a study on three organisations, the International Bar Association, the American Bar Association and the Council of Bars and Law Societies…
2018 Conference Preview: Good Lawyers Making Bad Decisions
Good Lawyers Making Bad Decisions: Using Risk-focused Regulation to Support the Good and Prevent the Bad Synopsis This session explores risk factors and indicators of poor and/or unethical client service, and what the regulator can do to proactively identify and address these factors with the goal of minimizing the risk of future harm, in the…
2018 Conference Preview: The Implications of AI on Legal Regulators and How They Use It
The Implications of AI on Legal Regulators and How They Use It Synopsis This session will consider how regulators can prepare for the growing use of Artificial Intelligence in legal services. It will look at how regulators can balance potential benefits of AI, whilst ensuring that appropriate protections are in place; how regulators themselves can…
2018 Conference Preview: Defining quality and competence in legal services
Defining Quality and Competence in Legal Services Synopsis The session will touch upon the way the quality of the profession is benchmarked, assessed or measured. How do the different jurisdictions do this (if at all)? For example, do we merely go by the number of complaints received? Are there new “disruptive” tools available such as…