The case for proactive management-based regulation to improve professional self-regulation for US lawyers

This article argues that the American Bar Association (ABA) should recommend, and the state courts should adopt, proactive management-based regulation (PMBR) programs to supplement the existing complaint-based systems of professional discipline. The article discusses the New South Wales program, highlighting the requirement that incorporated legal practices designate Legal Practitioner Directors, and non-adversarial collaboration between regulators and…

The Role of Ethics Audits in Improving Management Systems and Practices: An Empirical Examination of Management-Based Regulation of Law Firms

Using management-based principles, this Article discusses steps to take to encourage ethics audits ‘to merge good ethics and good business’ in the United States of America. For decades, legal malpractice experts have urged lawyers to implement risk management measures, and legal malpractice insurers have provided audit services and self-audit materials. Under the Australian regulatory regime,…

Setting Standards: The future of legal services education and training regulation in England and Wales

Legal Education and Training Review The review was jointly undertaken by the Solicitors Regulation Authority (SRA), the Bar Standards Board (BSB) and the Institute of Legal Executives Professional Standards (IPS).  It was intended to be the most substantial review of legal education and training since the publication of the ‘Ormrod Report’ (Report of the Committee on Legal…

Higher Demand, Lower Supply? A Comparative Assessment of the Legal Landscape for Ordinary Americans

Comments on the lack of data available, provides a summary of a US household legal needs study in 1994 where 50% of households experienced one of more legal problems annually. Of those with legal needs, 37% of the poor sought assistance from a third-party for resolution of the problem, 29% from a specifically legal third…

Brought to you by ICLR.