Legal regulation research from around the world of interest to ICLR members
Against the background of the emerging debate about personalized law, this book chapter explores how BigData and algorithm-based regulation could fundamentally change the design and structure of legal norms: impersonal law based on typifications could be replaced by a more personalized law, based on “granular legal norms”. We argue that the use of legal typifications which is a hallmark of impersonal law can be conceptualized…
Despite the strong public interest in effectively regulating lawyers, neither state nor federal courts have developed adequate policies and practices to ensure that lawyers’ misconduct during litigation proceedings is consistently reported to state disciplinary agencies. The reasons for this inconsistency—and the extent to which it should be considered an actual inadequacy and a problem calling for a…
Vulnerability to Legal Misconduct: Qualitative Study of Regulatory Decisions Involving Problem Lawyers and Their Clients An emerging body of scholarship discusses ‘vulnerability’ as an antecedent of legal misconduct. One conceptualization of vulnerability indicates that an individual has greater susceptibility to risk of harm, and safeguards may protect against that risk of harm. This empirical study…
Some 40 percent of in-house legal and compliance professionals in the Asia-Pacific region find changing local and global regulatory requirements a major challenge, a new report has found. The report, titled “Facing the future: Developing a response to regulatory change” was released jointly by TMF Group and Asia Risk. It found that an alarming 57…
IBA’s Directory of Regulators of the Legal Profession In 2016 the International Bar Association’s Bar Issues Commission published a directory of legal regulators as a resource for the profession. The intention was to identify those who regulate the major stages in the ‘life cycle’ of a lawyer, from qualification/entry to the profession, through ethics and conduct…
Artificial intelligence (AI) will free up solicitors from lower-level work to carry out more complex tasks, a new report concludes. We have published a paper which looks at innovations in technology affecting the legal service sector. The report shows that rapid developments in AI will mostly be focused on back-office functions, addressing out the less…
More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently…
This research provides a detailed picture of levels of innovation and use of technology by legal services providers. By focusing on technology as well as innovation, we are able to build our understanding further, following on from our landmark study of innovation undertaken in 2015. 1 The survey captures the attitudes of legal services providers,…
Prior to the Global Financial Crisis, financial innovation was driven by so many factors, but the Global Financial Crisis changed the regulatory pendulum, which has swung to deeper regulation and also changed the way we thinking about financial innovation. The financial innovation – with its bright and destructive outcomes – is an integral part of the competition in the…
Legal profession is undergoing fundamental changes; and this is the case not just in established legalmarkets. Based on a state-of-the-art sketch, this paper identifies and analyzes the latest innovation initiatives and alternative business models in China’s legal profession. It finds that, propelled by the market demands and benefiting from technological advancements, the provision of legal services has become highly versatile today, giving rise…
