ICLR Annual Conference: Day 4: 1 October

Day 4: 1 October

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Who Is Training the Community Based Lawyer of the Future?- (CDT 06:00-07:00 / BST 12:00-13:00 / KST 21:00-22:00)

Session description:

This session will examine the training of future lawyers and explore the question as to how regulators can ensure that high sufficient high quality and competent lawyers are trained who will serve the diverse and varied needs of communities. Topics that will be considered include:

  • Do we need to be lawyers in the first place- the Utah Sandbox experience?
  • Capital City Centric training and its impact on the profession and delivery of legal services.
  • Are we failing the family lawyer of the future?

Speakers:
Mark Woods, Tyler Tipping and Woods
Kimitoshi Yabuki, President, Tokyo Bar Association

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Does Fortune Favor the Bold? Deconstructing Legal Innovation Approaches and Finding a Path Forward- (CDT 08:00-09:15 / BST 14:00-15:15 / KST 22:00-23:15)

Session description: 

This session will take a theoretical, “big picture” look at Legal Innovation going forward. Taking attendees beyond the definitions and descriptions outlined in the Sparks Sessions, this session will utilize what was learned in those Sparks Sessions to compare and contrast various Legal Innovation programs and explore whether Legal Innovation is actually working. This will be a deeper dive into what it is about these various programs (ALPs, SandBoxes, etc) that is and is not working. While some jurisdictions are ahead of the rest in implementing (and even ending) alternative approaches, others are launching “exploratory” phases, and still others are not there yet at all. Should everyone be embracing some form of Innovation? Why or why not? If possible, the moderator/speaker will tie-in themes addressed throughout the ICLR seminar: broadening access to the legal profession, how does technology play a role, is innovation just a “Covid” thing that will pass, how does innovation change the fundamentals of what we do as regulators and are there truly competency and educational pitfalls?

Speakers:
Paul Philip, Chief Executive Officer, Solicitors Regulation Authority
Cord Brügmann, Former CEO, German Bar
Jordan Furlong, Principal, Law21
Paula Hannaford-Agor, Project Director, NCSC Civil Justice Initiative, National Center for State Courts
Alison Hook, Director of Trade and Regulatory Affairs, Hook Tangaza

 

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ICLR Annual Conference: Day 3: 30 September

Day 3: 30 September

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Regulating AI in the Legal Marketplace: Where to Draw the Line?- (CDT 06:00-07:00 / BST 12:00-13:00 / KST 21:00-22:00)


Session description:

Providers of legal services and legal technology tools, like many other businesses, are introducing AI into their organizations to drive quality, efficiency, and innovation. To what extent should regulators be involved in lawyers’ use of AI in the provision of legal services and the development of AI-based tools that purport to provide legal services?

Topics to be discussed include:

  • Whether legal regulators have a role in regulating the development and use of legal AI tools
  • Cooperation between regulators in the regulation of AI
  • Updates from the EU, including the issue of how far AI should be permitted to go down the legal decision-making process,
  • Ethical frameworks to guide the application of AI in judicial systems and provision of legal services
  • Should different AI tools be regulated differently. For example, do predictive analytics tools require different or more stringent regulation than “chatbots”?
  • Should AI augment or drive the provision of legal services and making of decisions and how does the use of AI in legal services affect the roles and responsibilities of lawyers?

Speakers:
Amy Salyzyn, Associate Professor, University of Ottawa
Dan Hunter, Dean of Law/Chief Investigator, Queensland University of Technology/Australian Research Centre of Excellence for Automated Decision-Making and Society
Tracy Vegro, Solicitors Regulation Authority
Gabriela Bar, Executive Partner, Szostek_Bar and Partners Law Firm / Silesia University

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The Role of Regulators in Promoting Fairer Legal Services: Responding to Issues of Vulnerability and Legal Capability- (CDT 08:00-09:15 / BST 14:00-15:15 / KST 23:00-00:15)

Session description:

People often need legal support at a point when their circumstances – a relationship breakdown, bereavement, unemployment – make them more vulnerable. Sometimes people’s personal characteristics, such as poor mental health or learning differences, mean that they already have a degree of vulnerability before they face these same life changing events. Research shows that a person’s legal capability – in essence, the knowledge, skills and confidence to deal effectively with legal issues – is a key influence on their experience of accessing legal services and the outcomes they achieve.

The way that markets operate, services are designed, and providers behave, can all lead to outcomes that are worse for some people than for others. This unfairness in markets is often avoidable and may result from a lack of understanding on the part of service providers. Reducing vulnerability and improving legal capability are important strategies for ensuring that everybody can access and use legal services when they need them.

  • What is legal capability and how does it affect people’s experience of legal services?
  • How can regulation help to ensure fairer treatment of people with low legal capability or other vulnerable circumstances?
  • Should lawyers have a duty to take additional care to ensure vulnerable people receive outcomes that are as good as for other consumers?
  • How can inclusive design principles – designing services so that they can be accessed by everyone – inform approaches to this issue?

Speakers:
Steve Brooker, Head, Policy Development and Research, Legal Services Board
Nigel John Balmer, Professor, Research Director, Victoria Law Foundation
Micharel Katagaya, Team Leader, Evidence and Methods Lab
Martin Coppack, Director, Fair By Design
Margaret Hagan, Stanford Legal Design Lab

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How Do We Investigate and Enforce?- (CDT 09:30-10:30 / BST 15:30-16:30 / KST 00:30-01:30 [1st])

Session description: 

This workshop will introduce conference attendees to different regulatory models and best practices for managing, investigating, and prosecuting complaints. With practical input from jurisdictions with recognized ‘best practice’ models, attendees will come away with some of the tools and resources needed to create or re-engineer the best model for their needs and structure. Attendees will gain an understanding of what it means to be a risk-focused, proactive and proportional regulator.

Speakers:
Juliet Oliver, General Counsel, Solicitors Regulation Authority

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Networking Session: Revealing Chicago: A Virtual Glimpse at Chicago History & Architecture – (CDT 19:30-21:00 / BST 01:30-03:00[1st] / KST 09:30-11:00 [1st])

Session description:

This networking session provides a unique look at our host city for the 2021 ICLR. Learn how Chicago developed from primordial swampland to the world’s leading center for modern architecture. Topics for this visually-rich program include the Great Chicago Fire and its aftermath, the development of Chicago’s unique criminal underworld, Daniel Burnham, Louis Sullivan, Mies van der Rohe, pigs and cows, art, gospel music, jazz and the blues. In addition, several significant lawyer ethics issues in the City’s history will be featured.

Speakers:
James Grogan, Adjunct Professor, Loyola University of Chicago School of Law

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The Role of the Regulator in Market Transparency and Comparison Services – (CDT 21:00-22:00 / BST 03:00-04:00 [1st] / KST 12:00-13:00 [1st])

Session description: 

What is the role of the regulator in marketplace transparency, particularly the accessibility of information on pricing and quality of services, including comparison services? Like them or loathe them, price comparison and customer review websites are a feature of modern life – and increasingly a feature of legal services markets. In theory, these websites make it easier for consumers to shop around for services that meet their needs and make firms compete harder to market and deliver their services. But there are also concerns about these tools, such as fake and malicious reviews, and whether consumers are really able to judge the quality of service they receive. And while many law firms successfully use them to manage their online reputations, a few have sued clients who left negative reviews for defamation.

How do regulators deal with these market tools? Internationally, jurisdictions have responded in different ways on a spectrum from embracing them to trying to ban them. In some jurisdictions, national competition authorities and regulators are taking a greater interest in making sure that legal services markets are working well for consumers. This includes a focus on law firms making their prices more transparent, improving information about the quality of services, and making it easier for consumers to compare different services. Yet in other jurisdictions, regulators have no role in how the market operates.

Our session will address these questions and others that arise in our session:

  • What role, if any, should regulators have in making markets work better for consumers?
  • How can we improve the transparency of the price and quality of legal services for consumers?
  • Should price comparison and customer review websites are viewed as a positive development, a necessary evil, or unsuitable for legal services?
  • What, if anything, should regulators do to build trust among the public and professionals in price comparison and customer review websites?

Speakers:
Fiona McLeay, Commissioner, Legal Services Board and Commissioner, Victoria
Merete Smith, CEO, Norwegian Bar
Ben Martin Hobbs, Legal Services Board and Commissioner, Victoria
Ben Farrow, CEO and Co-founder, Firm Checker
Tracy Vegro, Executive Director, Strategy and Innovation, SRA

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ICLR Annual Conference: Day 2: 29 September

Day 2: 29 September

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Interview With the Regulators: Who Do We Regulate and Why?- (CDT 06:00-07:00 / BST 12:00-13:00 / KST 21:00-22:00)


Session description:

This session will explore how we identify the regulated population, licensing and registration processes in different jurisdictions, how we regulate lawyer and non-lawyer business models, how we ensure compliance with regulatory standards and innovations in regulatory practice. The fundamental question raised in this session is how we can be sure that we are regulating the right people?

Speakers:
John Elliot, Director of Regulation and Registrar of Solicitors, Law Society of Ireland
Rachel Wood, Executive Director of Regulation, Law Society of Scotland
Frans Knüppe, President, Netherlands Bar
Patricia Schwartz, Disciplinary Counsel, Office of Disciplinary Counsel, Supreme Court of Delaware
Mary Mutugi, Acting Director Quality Assurance Compliance & Licensing, Council of Legal Education

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Legal Education in a Post Covid World- Shaking the Assumptions but Now What?- (CDT 08:00-09:15 / BST 14:00-15:15 / KST 23:00-00:15)

Session description:

This session will explore the ongoing impact of the Covid pandemic on legal education and training across several jurisdictions. It will consider the innovations that have been put in place to deliver legal education, examinations, and apprenticeships and will also look at areas where more work and research is required to consider the long-term impact of the pandemic restrictions on newly qualified lawyers. The format of the session will be a round table discussion with representatives from at least 5 jurisdictions taking questions from a moderator on the impact of Covid on legal education in their jurisdiction. Some of the topics that will be discussed include:

  • Training lawyers to manage a blended working model practice.
  • Training Virtual Court Skills.
  • New Lawyers New Tech.
  • Medical Fragility and the Impact of Covid.
  • Remote Supervision of Trainees and Articling.
  • Diploma Privileges and Exemptions- The importance or not of serving an apprenticeship.
  • Recruiting, socializing and training lawyers remotely.

Speakers:
Nuala Haughey, Head of Communications, Research and Innovation, Legal Services Regulatory Authority Ireland
Rob Marrs, Head of Education and Diversity, Law Society of Scotland
Dr Eimear Brown, Dean of the School of Law, Honorable Society of King’s Inns
Mary Mutugi, Acting Director Quality Assurance Compliance & Licensing, Council of Legal Education
Scott Bales, Immediate Past Chair, American Bar Association, Council on Legal Education

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Can We Still Do This? Exploring Lifelong Competency in Legal Practice – (CDT 09:30-10:30 / BST 15:30-16:30 / KST 00:30-01:30 [30th])

Session description: 

The session will revisit ICLR 2020 plenary session “Checks on entry, then what? Assuring ongoing competence throughout legal professionals’ careers.”

An edited summary of the 2020 plenary session will be provided for all attendees, followed by a breakout session when the 2020 panelists or representatives of their jurisdiction will be asked to update the conference on their ongoing efforts to ensure ongoing competence in legal professionals.

The session will also examine consider different jurisdictional approaches to ongoing competency e.g. Alberta, Victoria, Netherlands, UK, and Singapore.

Speakers:
Cori Ghitter, Deputy Executive Director and Director of Policy and Education, Law Society of Alberta
Margie McCrone, Regulatory Policy Manager, Legal Services Board
Michelle Marfurt, Manager, Policy and Regulatory Strategy, Victorian Legal Services Board and Commissioner
Susan Kaak, Member of the general council of the Netherlands Bar, The Netherlands Bar

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Networking Session: Virtual Cooking Demonstration – Celebrity Chef Jet Tila – (CDT 15:00-16:00 / BST 21:00-22:00 / KST 06:00-07:00 [30th])

Session description:

From the intersection of Hollywood Boulevard and Normandie Avenue in the heart of Los Angeles to the Las Vegas Strip; from backyard cooking classes to battling legends on “Iron Chef America,” CHEF JET TILA has carved a singular niche as a culinary storyteller. Chef Jet completed his culinary education at Le Cordon Bleu, establishing a framework of classical French technique to match his extensive knowledge of Asian cooking. He also completed an intensive study program at the California Sushi Academy. He has successfully transitioned from subject to producer by writing for the Times and contributing to many other publications and multimedia platforms, including National Public Radio, the Food Network, and his appearances on the “CBS Early Show,” “No Reservations,” “Best Thing I Ever Ate,” and battling legendary Chef Masaharu Morimoto on “Iron Chef America,” among many more.

A highly sought-after consultant, Tila opened the cafe at Google headquarters in Silicon Valley and also currently maintains a wildly popular Asian food line through Schwan’s Home Service. He keeps close to his roots by conducting “Melting Pot Food Tours” of Thai Town in Los Angeles, offering participants a curated tour of his favorite aspects of the neighborhood.

Chef Jet will show and tell us about the West Coast food scene, with a demonstration and other surprises included!

Speakers:
Chef Jet Tila, Celebrity Chef and Restaurateur

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Rise of the Machines- (CDT 20:00-21:15 / BST 02:00-03:15 [30th] / KST 11:00-12:00 [30th])

Session description: 

The use of AI in the legal profession is becoming increasingly ubiquitous. Regulators need to have a firm appreciation of the definitions and expanding application of AI in the context of legal services, and their implications.

Topics to be discussed in this plenary include:

  • What AI is in the context of legal services
  • Issues on transparency and bias due to the use of AI tools
  • Lawyers’ involvement in the development and use of AI tools
  • Ethical implications (including data protection) due to the use of AI tools

This plenary will set the stage for the two subsequent breakouts that focus on (1) whether legal regulators should have a role in setting standards and defining boundaries for the development and use of legal AI tools, and if so, what is their “right role”, and (2) AI as a tool to enhance access to justice.

Speakers:
Zi Qian Chang, Co-founder and CEO, Intelllex
Rotimi Ogunyemi, Section on Business Law (NBA SBL), Nigerian Bar Association
Julian Webb, Professor, University of Melbourne
Ashod Mooradian, Attorney & Founder, StateBarHelp.com, Law Office of Ashod Mooradian, A Prof. Law Corp.

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AI in the Access to Justice Toolkit- (CDT 21:15-22:15 / BST 03:15-04:15 [30th] / KST 12:15-13:15 [30th])

Session description: 

AI has the potential to make legal services cheaper, faster, and in some cases better. While this theoretically means that AI can make legal services more affordable and accessible, and therefore enhance citizens’ overall access to justice, to what extent this is true? How have AI tools been used to achieve this? Are there potential pitfalls that lawyers and regulators need to be aware of?

Topics to be discussed include:

  • The use of consumer-facing AI tools, whether those tools are offered by third parties or law firms, as a means by which to effectively impact the access crisis.
  • Case studies to illustrate the application of AI and how this enhances access to justice
  • The potential drawbacks, how to avoid them, and if and how regulators play a role in these instances.

Speakers:
Kate Briscoe, CEO, LegalBeagles Group Ltd
Jennie Pakula, Manager, Innovation & Consumer Engagement, Victorian Legal Services Board and Commissioner

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ICLR Annual Conference: Day 1: 28 September

Day 1: 28 September

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The conference will begin with a welcome session and keynote address, which have both been scheduled to encourage maximum global attendance, however as with all the sessions if the timing is too early/late, we will provide recordings that can be accessed at any time.

The keynote address will be given by Justice Rita B. Garman, Justice of the Supreme Court of Illinois, Supreme Court of Illinois (CDT 08:00-08:30 / BST 14:00-14:30 / KST 23:00-23:30)

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Why We Do What We Do: Regulatory Theory and Practice – (CDT 08:30-09:45 / BST 14:30-15:45 / KST 23:30-00:45)


Session description:

This session will explore regulatory theory, different regulatory models that are used in different jurisdictions exploring both civil and common law regulation models, self-regulation and external regulation, the impact of legal regulation on society and on the regulated and what successful legal regulation can achieve.

Speakers:
Brian Doherty, Chief Executive Officer, Legal Service Regulatory Authority
Patricia Schwartz, Disciplinary Counsel, Office of Disciplinary Counsel, Supreme Court of Delaware
Nuala O’Loan, Baroness, House of Lords

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Equality, Diversity and inclusion – Are Regulators Part of the Problem or Part of the Solution? – (CDT 10:00-11:00 / BST 16:00-17:00 / KST 01:00-02:00 [29th])

Session description:

We are all aware that racism, unconscious bias and discrimination exist in our societies, and the consequences can be seen in our legal and justice systems. This raises important questions for us as regulators. Are we seeing the diversity challenges in wider society and the legal sector coming through in our processes? Why are some groups over-represented in our enforcement work? What’s our role in leading change in our sector and how can be sure our work is truly free from bias and discrimination?

Speakers:
Jane Malcolm, Executive Director, External and Corporate Affairs, Solicitors Regulation Authority
Elaine Cumming, Professional Responsibility Counsel, Nova Scotia Barristers’ Society
Logan Cornett, Director of Research, Institute for the Advancement of the American Legal System

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Networking Session: International Cocktails with Legal Regulators – (CDT 15:00-16:00 / BST 21:00-22:00 / KST 06:00-07:00 [29th])

Session description:

Building on last year’s mixology event, this virtual networking session will highlight seasonal cocktails from around the world. Attendees will learn how to craft custom bright cocktails for Fall, Winter, Spring and Summer from different international regions and can expect to learn more about the history of each region’s featured spirit. A drink-specific ingredient list will be provided so that attendees who wish to do so can be prepared with the correct and preferred ingredients and can follow along step-by-step in this interactive mixology experience!

Speakers:
Tim Bertschy, Commission Vice – Chairperson, ARDC

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Who Owns the Pathway? Broadening Access to the Legal Profession – (CDT 21:00-22:00 / BST 03:00-04:00 [29th] / KST 12:00-13:00 [29th])

Session description: 

This session will explore the range of measures being taken across various jurisdictions to ensure that the legal profession is diverse and reflective of the communities which it serves. The session will be delivered in two parts: the first will be a pre-recorded introduction with input from lawyers who have direct experience of overcoming barriers to the profession. Each will give a short introduction and outline their own experience of the barriers they faced and their experience of the “”pathway””. This will be followed by presentations from three jurisdictions who are making efforts to remove barriers and increase diversity in the profession. The focus on the session will be on exploring practical initiatives and their impact on lawyer diversity.

  • Exploring Barriers to the Profession
  • Initiatives to increase representation and diversity
  • “Levelling up”

Speakers:
Meera E. Deo, Director, Law School Survey of Student Engagement
Rob Marrs, Head of Education and Diversity, Law Society of Scotland
Zack DeMeola, Director of Legal Education and the Legal Profession, IAALS

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ICLR Annual Conference: Day 4: 29 October

Day 4: 29 October

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The final technology breakout for EMEA/APAC, will be called: A Growing Toolbelt: Investigators and technology. (CDT 06:00-07:00 / GMT 11:00-12:00 / KST 20:00-21:00)

Session description:

Given the growing reliance on technology in the legal industry, command of technology has become a requirement of ethical practice, often through explicit incorporation into ethics rules. This session will survey some of the tools at an investigator’s disposal for collecting and examining evidence. Discussion will include: 1) How these tools can be effectively employed; 2) Practical challenges in use (such as lack of experience and budgetary concerns); and 3) Tactical and legal considerations when presenting evidence before the adjudicatory bodies. Participants are encouraged to discuss tools and methods of which other jurisdictions may not be aware.

Speakers:
Co-ModeratorAzadeh Matinpour, Investigative Attorney, Office of Disciplinary Counsel (United States)
Co-ModeratorJoseph Perry, Assistant Disciplinary Counsel, D.C. Office of Disciplinary Counsel (United States)
Prof. Sara Rayment LLB, LLM, BBus, Founder, Inkling Legal Design (United Kingdom)
Iain Miller, Partner, Kingsley Napley, LLP (United Kingdom)

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The conference will then move onto its final theme on putting the public in public interest, the first plenary of the topic will be on: Checks on entry, then what? Assuring ongoing competence throughout legal professionals’ careers. (CDT 08:00-09:00 / GMT 13:00-14:00 / KST 22:00-23:00)

Session description:

Consumers should be able to trust that legal professionals have the necessary skills and knowledge to provide good quality legal services and that these are kept up to date and relevant over time. But do legal regulators currently have the right frameworks in place to ensure those professionals remain competent throughout their careers? This session will explore whether self-assessed, light-touch CPD models need to make way for a more robust approach, such as those used in other sectors like healthcare, aviation or teaching. The panel will discuss:

Understanding consumer expectations of lawyers’ competence and how they can identify good quality services
The ‘lifecycle of competence’
Different approaches used to assure ongoing competence in the legal services sector – CPD, peer reviews, quality audits and more
Comparisons with approaches used in other sectors – how effective are methods such as revalidation or observation and what are the benefits and costs?
What evidence there is to justify a new approach – quality concerns and risks to vulnerable consumers

Speakers:
ModeratorSteve Brooker, Head, Policy Development and Research, Legal Services Board, (United Kingdom)
Margie McCrone, Legal Services Board (United Kingdom)
Kerri-anne Millard, Director, Policy and Outreach, Victorian Legal Services Board (Australia)
Niels Hupkes, Netherlands Bar (Netherlands)
Cori Ghitter, Deputy Executive Director, Professionalism and Policy, Law Society of Alberta (Canada)
Kellie Hamilton, General Manager, Member Knowledge and Learning, Law Institute of Victoria (Canada)

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This will lead into the final Americas/EMEA breakout: Adopting a Restorative Approach to Complaints – the North American Perspective.(CDT 11:00-12:00 / GMT 16:00-17:00 / KST 01:00-02:00)

Session description:

With recidivism rates high, and increased litigiousness on the part of lawyers and the public, is our current system of ‘discipline’ demonstrably providing reliable public protection? Might there be better ways to fulfill our mandate while reducing rather than increasing harm?

This breakout session will explore the concepts, principles, opportunities and challenges of adopting a restorative approach to managing complaints from intake to adjudication, as a building block for proactive regulation, based on the panelists’ experiences with this approach. Participants will be provided a comprehensive and informative paper as well as simple tips to introduce this approach in your own jurisdiction.

Speakers:
Victoria Rees, QC – Professional Regulation Counsel, Pink Larkin (Canada)
Jerry Larkin – Administrator, Attorney Registration and Disciplinary Commission (United States)
Jessica Yates, Attorney Regulation Counsel, Colorado Supreme Court (United States)

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This will then be followed by a second putting the public in public interest plenary session: What do Consumers Want? (CDT 15:00-16:00 / GMT 20:00-21:00 / KST 05:00-06:00)

Session description:

One of the main justifications for regulation is consumer protection, but how can we as legal regulators know if our decisions reflect what consumers want, or best meet their interests? Effective consideration of consumer interests by regulators demands that they engage directly with the public, expert consumer representatives and use creative techniques to investigate consumer needs. These activities should improve the quality of decision-making, help balance competing interests and increase the legitimacy of the regulatory system. This session will explore a range of mechanisms and techniques that can be used to put consumers at the heart of regulation. This panel will discuss: 1) Hearing the consumer voice – consumer panels and more 2) Using consumer principles to develop policy responses through a consumer lens 3) Working effectively with consumer organisations and undertaking community outreach.

Speakers:
Anna Bradley, Chair, Solicitors Regulation Authority, England and Wales (United States)
Catherine Wolthuizen, Victoria Legal Services Commissioner and Board (Australia)
Arthur Lachman, Co-Chair, Future of Lawyering Committee (United States)

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The day will then close off with the final APAC/Americas breakout: In Search of Solutions, not Sanctions: A Look at How Australia Applies Restorative Justice Principles to Legal Regulation. (CDT 21:00-22:00 / GMT 11:00-12:00 / KST 20:00-21:00).

Session description:

Consumers should expect that legal regulation will take a flexible and proactive approach in identifying and dealing with the core issue behind complaints of inadequate or poor service. Regulators should have access to methodologies which engage problem-solving, mediation and the informal resolution of complaints and that have the capacity to re-build the relationship between consumer and practitioner. These same principles can also be found in Restorative Justice techniques, which are commonly used in some jurisdictions in relation to criminal matters.

The objective of legal regulator complaint handling is to try and resolve the dispute in such a way as to assist the parties to understand each other’s perspective and for both to learn something useful as a result of engaging in mediation. Can the principles of restorative justice be applied to legal regulation? Are elements of this approach “hiding in plain sight” in existing regulatory frameworks, or is specific enabling legislation required? What are the risks of such an approach and what are the benefits? The panel will:

Discuss restorative approaches, including exploring the principles of restorative justice
Examine the experience of one legal regulator over 10 years of exploring more restorative ways of responding to consumer complaints
Consider how these principles can be applied to legal regulation and consumer complaint handling, including the skills and processes that are needed to support this approach.

Speakers:
ModeratorFiona McLeay – Victorian Legal Services Commissioner (Australia)
Tina Stagliano, Director Enquiries and Complaints, Victorian Legal Services Board + Commissioner (Australia)
Stan Winford, Associate Director of Research, Innovation and Reform, Centre for Innovative Justice, RMIT University (Australia)

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ICLR Annual Conference: Day 5: 30 October

Day 5: 30 October

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Day 5 will include our final consumer-focused breakout for EMEA and the APAC entitled: In Search of Solutions, not Sanctions: The Different European and African Approaches to Applying Restorative Justice Principles to Legal Regulation.  (CDT 06:00-07:00 / GMT 11:00-12:00 / KST 20:00-21:00)

Session description:

Consumers should be able to expect that legal regulation will take a flexible and proactive approach in identifying and dealing with the core issue behind complaints of inadequate or poor service. Regulators should have access to methodologies which engage problem solving, mediation and the informal resolution of complaints and that have the capacity to re-build the relationship between consumer and practitioner. These same principles can also be found in Restorative Justice techniques which are commonly used in some jurisdictions in relation to criminal matters.

The panel will discuss:

The principles of restorative justice and their application to resolving complaints against legal practitioners.
The tools available to regulators to employ restorative justice principles.
Comparative approaches in other professions.
Measuring the success of a restorative justice approach in terms of consumer confidence in the legal profession and regulation.

Speakers:
Dr. Brian Doherty, Chief Executive Officer, Legal Services Regulatory Authority (Ireland)
Dr. Ian Marder, Lecturer in Criminology, Maynooth University (Ireland)
Ger Deering, Financial and Pension Services Ombudsman, FSPO (Ireland)

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The day will then be closed off with the final plenary session, aimed to be timed for maximum global attendance, which will be entitled: Navigating the New Normal. (CDT 08:00-09:00 / GMT 13:00-14:00 / KST 22:00-23:00)

Session description:

Using what we learned from the opening plenary and the breakout sessions, attendees and panelists will distill what the Pandemic has taught them about crisis management, disaster planning and business continuity, and how regulators can plot a better course for the future in our new normal. In this context, how can greater clarity be provided to regulators and those who are regulated, and what cross collaborations are most important in times of crisis, prolonged like this one, or of shorter duration (e.g. with governments and other entities).

Speakers:
Frederica Wilson, Executive Director, Policy and Public Affairs and Deputy CEO, Federation of Law Societies of Canada

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ICLR Annual Conference: Day 3: 28 October

Day 3: 28 October

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 – – –

Day 3 will kick off with the final diversity and wellbeing breakout, aimed at EMEA and APAC, entitled: Diversity in the Profession – The Role of the Regulator. (CDT 06:00-07:00 / GMT 11:00-12:00 / KST 20:00-21:00)

Description coming soon.

Speakers:
Jane Malcolm, Executive Director External and Corporate Affairs, Solicitors Regulation Authority (United Kingdom)
Tilly Pillay, CEO of Nova Scotia Barristers’ Society, QC (Canada)

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This will be followed up by the technology theme plenary, which will focus on Cybersecurity – Cybersecurity – Understanding What is at Stake, (CDT 08:00-09:00 / GMT 13:00-14:00 / KST 22:00-23:00)

Session description:

The legal sector is particularly vulnerable to cyberattacks due to the volume of data, sensitive information, financial responsibility and authority it holds. Not only do law firms and their clients have to consider the financial impact of a cyberattack, but reputational damage for their practice can be irreversible. This keynote presentation led by Roy Zur, CEO and Founder of Cybint Solutions, will cover cybersecurity challenges in the legal world and associated risks, weakness of the web and email and illustrations of organizations that succumb to human error. The time is now to take cybersecurity seriously, there is just too much at stake.

Speaker:
Roy Zur, CEO, Cybint (Israel)

 

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This will be followed by the Americas/EMEA breakout entitled: Knowing me, Knowing You: The Data Challenge for the Legal Sector and How Regulators Can Help. (CDT 11:00-12:00 / GMT 16:00-17:00 / KST 01:00-02:00)

Session description:

This session will focus on three key attributes of data:

Data Availability

Access to data, or individual bits of information, whether about lawyers, clients or cases, is essential for an effective regulator. It also holds the key to the future evolution of legal services, since Artificial Intelligence feeds off data. It is therefore not surprising that AI has so far mainly been developed for areas like high value litigation, or to help large law firms manage their time and costs more effectively – this is where relevant legal data can most readily be obtained. Can regulators help to generate the data that would engage AI on other aspects of the legal sector to greater societal benefit?

Data Comparability

As we live in a globalised world regulators and others increasingly want to look at what is going on elsewhere and understand how standards and qualifications map across borders. Some other sectors have begun to adopt global data standards to help with portability and to facilitate the development of technology solutions to intractable problems. Is there more that legal regulators could do e.g. by creating common understood definitions of key terms or an understanding of how they map across jurisdictions? (e.g. what does being an “of counsel” mean? Do we have a shared understanding of what a law firm is? (if not, does it matter?), do we define or recognise different types of clients? (E.g. a ‘vulnerable’ client – do we mean the same thing?)

Data privacy

There are growing concerns around the world about data privacy in the digital economy. This raises many issues for regulators, especially in a globalised environment where lawyers and law firms cross borders relatively easily. What can we share and how? Does technology offer any potential solutions (e.g. via blockchain).

This session will address the following questions:

What role can regulators play in defining, gathering and disseminating data about the legal sector?
Is there a cross-border consideration? – how can lawyer regulators develop a shared approach that would increase the pool of data available to technologists about legal services?
Is data privacy an obstacle and are the ways to overcome this and improve data sharing and transparency without compromising on key principles?
The objectives of this session are to i) Continue to demystify AI ii) Explore interest in an ICLR project to define/map some commonly used terminology/standards that would assist in the development of AI iii) monitor emerging data privacy issues in regulation

Speakers:
Moderator – Alison Hook, Hook Tangaza (United Kingdom)
Stephen Ward, Director of Strategy & External Relations, Council of Licensed Conveyancers, (United Kingdom)

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The day will wrap up with the APAC/Americas technology breakout on: Technology and the Future of Legal Services Regulation. (CDT 21:00-22:00 / GMT 02:00-03:00 / KST 11:00-12:00)

Session description:

This session will delve into the regulatory issues that arise as more legal services are delivered through increasingly innovative use of technology.

The development of technology-based solutions, including self-help options, could lower the costs of legal services and hence enhance access to justice. At the same, the development of such solutions may involve or even require non-lawyer participation. In some jurisdictions, non-lawyer developers of technology may not have sufficient financial incentive to develop specialized legal technology/software for the legal sector.

Is it time to reform the rules that constrain such involvement so lawyers can adequately compensate tech developers, whether external or in-house? Should regulation shift to invigorate technology development in the provision of legal services, and if so, how?

Speakers:
Moderator Gloria Lim, Director, Legal Industry Division / Director of Legal Services, Legal Services Regulatory Authority, Ministry of Law (Singapore)
Jennie Pakula, Manager, Innovation & Consumer Engagement, Victorian Legal Services Board + Commissioner (Australia)
Alice Namuli Blazevic, Partner at Katende, Ssempebwa & Company Advocates & Co-Founder of The Legal Innovation Hub (Uganda)
Juda Strawczynski, Director, Lawyers’ Professional Indemnity Company – LAWPRO® (Canada)
Don Bivens, Snell & Wilmer, L.L.P. (United States)

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ICLR Annual Conference: Day 2: 27 October

Day 2: 27 October

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 – – –

The final pandemic track breakout entitled: Education, Testing & Admissions: What Covid 19 has Taught Us, has been organised as a morning session for those in EMEA, and an evening session for those in APAC. (CDT 06:00-07:00 / GMT 11:00-12:00 / KST 20:00-21:00)

Session description:

The COVID 19 pandemic has created significant challenges for regulators around the world. Law schools have cancelled classes or moved to remote instruction. In many jurisdictions, the shutdown caused by the pandemic also led to the cancellation of bar admission programs and bar exams. This breakout session will look at how regulators have responded to those challenges and how they can adapt moving forward in a way that meets the needs of the profession and those seeking entry into the profession during Covid.

Speakers:
Moderator –  Judith Gundersen, President and CEO, National Conference of Bar Examiners (United States)
Dr. Marium Jabyn, Secretary General, Bar Council of the Maldives (Maldives)
Marilyn Wellington, ESQ, Executive Director, Board of Bar Examiners (United States)
Deborah Wolfe, P.Eng., Executive Director, National Committee on Accreditation and Law School Programs (Canada)

 – – –

The breakout will be followed slightly later in the day by our second plenary, focused on diversity and wellbeing. This will be entitled: Bullying & Sexual Harassment in Law: How Should Regulators Respond? (CDT 08:00-09:00 / GMT 13:00-14:00 / KST 22:00-23:00)

Session description:

The #MeToo movement has swept all sectors, including law. In 2019, the International Bar Association (IBA) published a major report, highlighting pervasive bullying and sexual harassment within the legal profession. These and other developments have prompted regulators across the world to reassess their role in preventing and responding to incidents. Some have commenced disciplinary proceedings against offending lawyers, others have created informal reporting models to encourage targets to speak up. This session will bring together various stakeholders to discuss why and how regulators of the legal profession can seek to address bullying and sexual harassment in law. It will also see the launch of a follow-up report of the IBA, based on a survey of regulators globally, focused on emerging regulatory trends and possible future initiatives …

Key Takeaways:

An understanding of how different regulators globally conceptualise their role in promoting positive behaviour within the profession and addressing bullying and sexual harassment;
An update on recent regulatory initiatives in this space – disciplinary proceedings, research projects, innovative use of existing powers, revisions to rules and regulations etc;
A summary of the IBA’s research, which has surveyed regulators on this topic and produced a ‘food for thought’ guide; and
An opportunity to discuss this emerging, topical issue with peers and experts.

Speakers:
Kieran Pender – Senior Legal Advisor, International Bar Association (United Kingdom)
Gail L. Gatchalian QC – Partner, Pink Larkin (Canada)
Fiona McLeay – Victorian Legal Services Commissioner (Canada)
Juliet Oliver – General Counsel, Solicitors Regulation Authority (United Kingdom)
Gregory Vijayendran SC – President, Law Society of Singapore and Partner, Rajah & Tann (Singapore)

 – – –

This will be followed by the Americas/EMEA breakout, entitled: Attorney Well-Being – Are you sure this is any of my business? (CDT 11:00-12:00 / GMT 16:00-17:00 / KST 01:00-02:00)

Session description:

This session will discuss the physical and mental health challenges faced by the legal profession, why such issues are important for regulators to be aware of and to address, and how regulators can effectively deal with attorney well-being challenges.

Speakers:
Bree Buchanan, JD, MSF; Senior Advisor, Krill Strategies (United States)
Terry L. Harrell, JD, LCSW, LCAC, MAC, Executive Director, Indiana Judges and Lawyers Assistance Program (United States)
Elizabeth Rimmer, CEO Lawcare (United Kingdom)

 – – –

The day will close off with the APAC/Americas breakout on: Addressing Racial Inequity and Wellness Issues Caused by Racial Trauma: The Regulators Role.(CDT 21:00-22:00 / GMT 02:00-03:00 / KST 11:00-12:00)

Session description:

Racial unrest is not new to the United States. However, in recent months nationwide protests have erupted in response to the killings of multiple unarmed Black Americans by law enforcement and others, including George Floyd, Breonna Taylor, Ahmaud Arbery, and Jacob Blake. These protests have garnered immense attention in the national spotlight and have sparked deeper conversations around permeating racial injustice. Since discrimination, marginalization, and injustice can affect an individual’s physical and mental health, recent events have also sparked deeper conversations about racial trauma and wellness. Due to the issues of racism and discrimination being familiar and long ignored in almost every society, the movement has also gained widespread international support. What does this mean for lawyers? Lawyers are agents of social justice who are supposed to represent fairness and equality in all that we do. Therefore, the recent racial unrest has given the legal community an opportunity to reflect on the impact of its diversity programs and its responsibility to ensuring racial equality. As attorney regulators, the responsibility for combating social inequity and racism, and addressing resulting wellness issues, cannot be understated.

This session will explore:

The current social justice movements in the United States and abroad
Trauma (negative physical and mental health impact) caused by experiences of exclusion, marginalization, discrimination, systemic oppression, harassment, and violence
Opportunities for attorney regulators to think differently about their role in the legal system and in combating racial injustice
How social justice approaches can inform our wellness efforts

Speakers:
Lea Gutierrez, Director of Diversity & Inclusion, ARDC (United States)
Jerry Larkin – Administrator, Attorney Registration and Disciplinary Commission (United States)

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ICLR Annual Conference: Day 1: 26 October

Day 1: 26 October

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 – – –

The conference will begin with a welcome session and keynote address, which have both been scheduled to encourage maximum global attendance, however as with all the sessions if the timing is too early/late, we will provide recordings that can be accessed at any time.

The keynote address will be given by Justice Lloyd A. Karmeier, Justice for the Illinois Supreme Court, followed by a keynote speech by Chief Justice Anne M. Burke. (CDT 08:00-08:30 / GMT 13:00-13:30 / KST 22:00-22:30)

 – – –

Following the introduction and keynote, we will then move straight into the first global plenary session, which will be on: The Uncharted Waters of COVID-19: Plotting a New Regulatory Course. (CDT 08:30-09:30 / GMT 13:30-14:30 / KST 22:30-23:30)

Session description:

Setting the table for the breakout panels, this moderated conversation will offer a global overview of the impact of the COVID-19 Pandemic on regulators and the different stages of coping in which they find themselves. Panellists will highlight the issues they have encountered, responses, and lessons learned thus far. Attendees will be surveyed in advance of the session and also have the opportunity to start to identify challenges and opportunities arising from the pandemic response to carry over into the breakout sessions.

Speakers:
ModeratorEllyn S. Rosen, Regulation and Global Initiatives Counsel, American Bar Association Center for Professional Responsibility
Mary M. Mutugi, Director, Quality Assurance, Compliance and Licensing, Council of Legal Education
Paul Philip, Chief Executive, Solicitors Regulation Authority
Diana Miles, Chief Executive Officer, Law Society of Ontario
Gloria Lim, Director, Legal Industry Division / Director of Legal Services, Legal Services Regulatory Authority, Ministry of Law, Singapore

 – – –

Later on in the day we will hold the first breakout of the conference entitled: The Approaching Tidal Wave: Access to Legal Service and the Pandemic as Re-Regulation Accelerator. This session has been organised to be in the late morning for attendees in the Americas, and the afternoon for attendees in EMEA. (CDT 11:00-12:00 / GMT 16:00-17:00 / KST 01:00-02:00)

Session description:

Past conferences have touched on how the current regulatory construct is a barrier to 21st century practice sustainability and how regulators have implemented or had imposed upon them responsive regulatory change. The global access to legal services and access to justice crises, including racial justice issues, have accentuated the growing and deepening cracks in the current regulatory approach. The legal profession re-regulation movement, which addresses the structures in which legal services are delivered and by whom, is growing, particularly in North America. Covid 19 is serving as an accelerant, with re-regulation being seen as the way to a sustainable legal profession and a way to reduce the access gaps. This session will explore the ways in which this is happening and provide a collection of ideas for consideration, study, and implementation.

Speakers
Moderator – Tahlia Gordon
Justice Constandinos “Dino” Himonas, Justice, Utah Supreme Court (United States)
Cara Marie O’Hagan, Law Society of Ontario (Canada)
Johan Dolven, Founder & CEO, HELP Forsikring (Norway)

 – – –

The second pandemic track breakout, entitled: Remote Regulation. Will be organised to fall during the evening for those in the Americas, or the morning of 27 October for attendees in APAC. (CDT 21:00-22:00 / GMT 02:00-03:00 / KST 11:00-12:00)

Session description:

For months, many regulators’ offices around the world have been closed physically (and some entirely for a time) due to the COVID 19 pandemic. Remote work has taken root and is likely to continue for an indeterminate time. Can regulators regulate effectively in a remote work environment? What challenges and opportunities are there, including maintaining productivity and efficiency? Can critical activities such as disciplinary investigations and hearings be conducted effectively online? This breakout will dig into these issues and produce examples of unique solutions to some of the remote regulation challenges.

Speakers:

ModeratorNatasha Dookie, Chief Legal Officer, Law Society of British Columbia (Canada)
Nancy Bains, Tribunal Counsel, Law Society of Alberta (Canada)
John McKenzie, Legal Services Commission New South Wales (United Kingdom)

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ICLR Conference 2019 – Scotland

ICLR Conference 2019

Law Society of Scotland | Edinburgh

4-6 September 2019

ICLR is pleased to announce that the host organisation for the ICLR conference in 2019 will be the Law Society of Scotland and the conference will take place in Edinburgh between 4-6 September 2019.  Please hold these dates. We were also grateful to the Kenyan Council for Legal Education and Law Society of Kenya for submitting a well-supported bid and we hope that the conference will be in Nairobi soon.  


Alison Atack, President of the Law Society of Scotland, said:  

“We are delighted and honoured to be hosting the 8th International Conference of Legal Regulators in 2019 – the year we celebrate our 70th anniversary. 

Regulation of the legal profession is an issue at the top of our agenda following a recent review of regulation of legal services in Scotland. We are keen to share our experiences and learn from our fellow regulators in other jurisdictions as we examine the importance of having a regulatory framework which can support growth in the legal services sector, while also placing consumer interests firmly at its heart.   

We will work closely with the conference organisers to develop an interesting, forward-thinking programme for ICLR members – highlighting some of our most recent initiatives such as LawscotTech which aims to drive innovation in legal technology through collaboration between the legal, academic and tech sectors, Lawscot Wellbeing which offers support for busy legal professionals and of course we will be looking at the impact of Brexit on the profession – both at home and overseas – after we leave the EU on 29 March next year.  

I am very much looking forward to welcoming our colleagues from the ICLR community to our wonderful capital city next year.”

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