Chambliss, E. (2019). Evidence-Based Lawyer Regulation. Wash. UL Rev., 97, 297. The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under a spotlight. Competition from technology companies and concerns about access to justice have increased political pressure for market liberalization. Independent research is…
Evidence-based promulgation: reconsidering the rulemaking process for rules of professional conduct
Much like the indomitable Pippi Longstocking, the legal profession has succeeded for decades in asserting its right to self-regulate. Judges play a key role in this regulatory regime, serving as both rulemakers and enforcers. Indeed, prompted by the efforts of the organized bar, the judiciary claims the inherent—and exclusive—right to regulate the practice of law…
Lawyer ethics for innovation
Law struggles to keep pace with innovation. Twenty-first century advancements like artificial intelligence, blockchain and data analytics are already in use by academic institutions, corporations, government entities, healthcare providers and others but many questions remain about individual autonomy, identity, privacy and security. even as new laws address known threats, future technology developments and process improvements…
The Regulation of Paralegals in Ontario: Increased Access to Justice?
The legal profession throughout most of Canada enjoys the privilege of self-regulation and a (purported) monopoly over legal practice. In Ontario, the Law Society must regulate so as to facilitate access to justice and protect the public interest. Critics argue that self-regulation is anti-competitive it allows the profession to control the market for legal services,…
Making sense of professional enablers’ involvement in laundering organized crime proceeds and of their regulation
Money laundering has ascended the enforcement and criminological agenda in the course of this century, and has been accompanied by an increased focus on legal professionals as ‘enablers’ of crime. This article explores the dynamics of this enforcement, media and political agenda, and how the legal profession has responded in the UK and elsewhere, within…
A preliminary study of third-party funding regulation for international commercial arbitration
In the context of increasingly complex international commercial disputes and diversified demands for dispute settlement, the development of third-party funding is irresistible. The third-party funding model while providing investment opportunities for the funders and sharing the economic burden and arbitration risks for the parties to disputes, makes up for the lack of a legal aid…
I Think I Can: How Self-Efficacy and Self-Regulation Impacts Black and Latinx Bar Examinees
This study examined experiences of bar exam takers of color who passed on either the first or the second time. The theories of self-efficacy and self-regulation served as a conceptual framework for this study and were used to shape the interview questions as well as the data analysis. Eight participants were interviewed who graduated from…
Solicitors’ rights of audience, competence and regulation: a responsibility rights approach
Ching, Jane. “Solicitors’ rights of audience, competence and regulation: a responsibility rights approach.” Legal Studies 41.4 (2021): 585-602. This paper takes as its context the decision of the Solicitors Regulation Authority in England and Wales to abandon before the event regulation of lower court trial advocacy. Although solicitors will continue to acquire rights of audience on qualification,…
Agency over technocracy: how lawyer archetypes infect regulatory approaches: the FCA example
Clark, Trevor, et al. “Agency over technocracy: how lawyer archetypes infect regulatory approaches: the FCA example.” Legal Ethics (2022): 1-20. In this article, we look at the contested role of in-house lawyers in regulated organisations in the financial sector. A recent Financial Conduct Authority consultation on whether to designate the head of legal of banks, insurance companies…
Evidence-based promulgation: Reconsidering the rulemaking process for rules of professional conduct
Poppe, Emily S. Taylor. “Evidence-based promulgation: Reconsidering the rulemaking process for rules of professional conduct.” FORDHAM L. REV. 89 (2021): 1275-1278. Read the full article here. (PDF)