Sklar, T., Taouk, Y., Studdert, D., Spittal, M., Paterson, R., & Bismark, M. (2019). Characteristics of lawyers who are subject to complaints and misconduct findings. Journal of Empirical Legal Studies, 16(2), 318-342. Regulators of the legal profession are charged with protecting the public by ensuring lawyers are fit to practice law. However, their approach tends to be…
Ethical considerations for lawyers when responding to clients with cognitive decline
November is Alzheimer’s Awareness Month, a time when we increase awareness of Alzheimer’s disease and the more than 6.2 million Americans living with it. And as our population ages, the chances that a lawyer may interact with a client with cognitive decline may increase too. The Alzheimer’s Association predicts that 12.7 million Americans 65 and older (almost 1 in…
Twelve Tips to Help You Avoid Disciplinary Proceedings
No lawyer sets out to become a disciplinary statistic. Some lawyers, however, find themselves corresponding more often with disciplinary authorities than others. Solo and small firm practitioners, especially with practices in criminal, family or personal injury law, receive the highest number of client complaint letters. During the many years of representing lawyers in disciplinary proceedings,…
Scottish Parliament introduces Regulation of Legal Services (Scotland) Bill
The Scottish Parliament has brought in a new regulatory framework to change the way the Scottish legal market is regulated. The Bill provides for more competition and innovation in the regulation and provision of legal services. Existing regulators will retain their regulatory function but must become independent from other functions such as representing the membership…
Legal Services Board approves new SRA rules to improve workplace culture
The Legal Services Board of England and Wales has approved two changes to the Solicitors Regulation Authority Standards and Regulations. The rule changes aim to improve work place culture in law firms. The new rules make explicit the need for employees to be treated fairly and for managers to challenge any treatment deemed not to…
Legal Services Board of England and Wales publishes report into CILEX CRL dispute
The Legal Services Board of England and Wales has published its report into the disagreement between the Chartered Institute of Legal Executives (CILEX) and its regulator CILEX Regulation (CRL). The investigation was to determine if enforcement action was needed. Ultimately the oversight regulator decided that matter could be resolved informally. The dispute arose from CILEX’s…
New Zealand Law Society has released the independent review panels report
The Law Society of New Zealand Aotearoa has published the report of the independent panel review. The conclusion of the report suggests that while the current model the Law Society employs for regulating and representing lawyers’ functions well in some areas, it falls short in many others. Chief among these shortcomings in the inability of…
Victoria Legal Services Board in Australia launches new campaign to build trust between the public and lawyers
The Victoria Legal Services Board Australia, has launched a new campaign to help build trust between lawyers and those seeking legal advice. The ‘Your Right to Ask’ campaign will help those seeking legal advice to better understand their lawyer’s ethical obligations. The campaign encourages people to ask their lawyers questions to better understand their rights…
The Legal Services Regulatory Authority of Ireland has set out its strategic plan 2022-2025
The Legal Services Regulatory Authority of Ireland has published its strategic plan 2022-2025. This strategic plan represents its third plan since inception in 2016. The plan sets out three strategic priorities: Strategic priority 1: We will enhance operational efficiency to deliver our core regulatory operations and services effectively and independently and to identified and benchmarked…
Law Society of Scotland publishes initial AML attestation findings
The Law Society of Scotland has published its initial findings from its new AML attestation process. This is the first step in a new regime and involved selected firms to complete the new attestation document. The Law Society has found the first set of responses has highlighted some interesting points: R.21 requirements appear to be…