The Law Society of New South Wales, in partnership with Legal Aid NSW, community legal centres, Justice Connect and the NSW Bar Association has launched the NSW Government’s Disaster Response Legal Service, which will provide free legal assistance to those affected by the tragic bushfires in NSW. Richard Harvey, the President of the Law Society said: “In…
Law Society of Australia issues guidance on crowdfunding
The Law Society of Australia has released a guidance document over the professional and ethical risks for lawyers when navigating issues around crowdfunding. The guidance noted the rise in the use of crowdfunding for litigation, and the questions this raises over discrediting the profession if used for revenue raising. However, the guide also highlighted the…
Report finds improvement in gender gap in barrister briefings
The Law Council of Australia has just published its Equitable Briefing Policy Annual Report for the 2017-2018 Financial Year. The report shows that female barristers are starting to receive more briefs and are more often recommended for work by their colleagues in new or current matters, however, they still lag behind male colleagues when it comes…
Enforcing legal conduct to protect quality of legal services
Enforcement of professional codes and laws of conduct is a critical facet of legal regulation. Lawyer misconduct can have severe ramifications for consumers and the wider legal services market, eroding the reputation of the industry and jurisdiction. However, the processes and protocols for reporting misconduct by a legal service provider is often difficult or lengthy…
An Australian Study on Lawyer Vulnerability and Legal Misconduct
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…
Australian Legal Profession and the #MeToo Movement
Following the spread of the #MeToo movement to every industry around the globe, the Australian legal profession is taking a particular strong stand. The country’s defamation laws are notoriously difficult to pursue and are poorly equipped to handle a digital landscape. Solicitors and commentators alike have been quick to comment that these defamation laws are…
Asia Pacific lawyers could benefit from no-deal Brexit
If the UK exits the EU without a deal, there would be an end to the current preferential treatment of EU lawyers wishing to practise in England & Wales. The Solicitors Regulation Authority says that the UK Government has made clear that this would be the case if the UK moves to WTO rules, ending…
New skills for new lawyers: responding to technology and practice developments
The legal profession is facing a convergence of forces, most notably significant advances in the capabilities of technology, economic pressures challenging existing business models and globalisation, that herald momentous change to the practice of law. In Australia the lead in seeking to understand these developments and formulate responses has been taken by the Law Society of New South…
Governance gone wrong: examining self-regulation of the legal profession
England and Australia have abandoned self-regulation of the legal profession yet Canadian law societies continue to function on this basis. This article argues that the self-regulatory model on which the Law Society of Ontario (the “LSO”) operates represents an inadequate form of governance in terms of the accountability it yields. When compared to other organizations, including law societies…
ICLR 2017 – Panel: “Risk Based Approach to Regulation”
A synopsis of panel session 8, which takes place on 6 October at ICLR Singapore, kindly provided by the session’s moderator, Victoria Rees. Conference materials will be made available to ICLR.net members after the conference. Moderator: Victoria Rees, Director of Professional Responsibility, Nova Scotia Barristers’ Society, Canada Panelists: Scott MacLean, Acting Executive Director, Investigations, Office…