Abstract While distance education made inroads throughout higher education, law schools kept their distance—until a global pandemic forced them all online for a time. Then the gatekeepers to the profession at the American Bar Association and state bars temporarily dropped their limits on distance learning. Now as American law schools prepare to return to normalcy,…
Ordinary clients, overreaching lawyers, and the failure to implement adequate client protection measures
Abstract Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal client money. Starting in the 1980s, the American Bar Association considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee…
Predict and Suspect: The Emergence of Artificial Legal Meaning
Abstract Recent theoretical writings on the possibility that algorithms would someday be able to create law have delayed algorithmic law-making, and the need to decide on its legitimacy, to some future time in which algorithms would be able to replace human lawmakers. This Article argues that such discussions risk essentializing an anthropomorphic image of the…
The Intersection of Technology Competence and Professional Responsibility: Opportunities and Obligations for Legal Education
Abstract Technology has fundamentally changed the legal profession and the delivery of legal services. Lawyers routinely use technology, including artificial intelligence, for legal research, e-discovery, document review, practice management, timekeeping and billing, document drafting, and many other tasks. The American Bar Association (ABA) amended the Model Rules of Professional Conduct in 2012 to include an explicit duty of technology competence, and…
Solicitors Regulation Authority of England and Wales publishes results of study into innovation in the legal sector
The Solicitors Regulation Authority of England and Wales (SRA) has published the results of its independent study into innovation in the legal sector, commissioned in March. The study was carried out on behalf of the SRA by a research team at the University of Oxford which included Professors Mari Sako and John Armour. The study…
Solicitors Regulation Authority of England and Wales publishes latest annual reports
The Solicitors Regulation Authority (SRA) has published its suite of annual reports, which cover five core topics, these are: ‘Anti-money Laundering‘, ‘Authorisation‘, ‘Client Protection‘, ‘Education and Training‘ and ‘Upholding Professional Standards‘. Key findings from the reports include: There has been a year-on-year increase in the number of solicitors qualifying through apprenticeships, firms offering recognised training…
Legal Services Board of England and Wales research finds that consumers are missing out on legal expense insurance
A new report by the Legal Services Board of England and Wales (LSB) includes calls for legal expenses insurance to be promoted more widely to consumers, in order to widen access to legal advice amongst the public. The report estimates that 3.6 million people in England and Wales experience unmet legal need as part of…
Legal Services Board of England and Wales research shows public support for ongoing competence checks
Newly commissioned research by the Legal Service Board of England and Wales (LSB) as part of their wider work on ongoing competence, has demonstrated that the public places high importance on lawyers having up to date knowledge and skills, and the right attributes to provide high-quality services. The report also showed that there was a…
Florida makes moves towards ABS licencing
On the 28th of June 2021, the Florida State Supreme Court’s Special Committee to Improve the Delivery of Legal Services (formulated by the Bar Board of Governors in November 2019), released their final report on changes in the legal sector. The report is calling for further study on allowing some nonlawyers to have an ownership…
Bar Standards Board of England and Wales publishes new statistics on the outcomes of complaints about barristers
The Bar Standards Board (BSB) has published a new statistical analysis examining the outcomes of complaints made about barristers in England and Wales between January 2015 and October 2019. The research was particularly focused on investigating the relationship between the outcomes of, and the likelihood of a complaint being made, and specific characteristics of barristers,…