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…
Proactive regulation of the legal profession in Victoria, Australia
This leaflet gives an overview of some of the preventative and alternative regulatory tools employed by the Victorian Legal Services Board and Commissioner. PMBR in Victoria, Australia
Adopting Law Firm Management Systems to Survive and Thrive: A Study of the Australian Approach to Management-Based Regulation
In Australia, amendments to the Legal Profession Act require that incorporated legal practices (ILPs) implement ‘appropriate management systems’ to assure compliance with the Legal Profession Act 2004, and appoint a legal practitioner director to be responsible for the management of the ILP. The new law did not define ‘appropriate management systems’ (AMS) so the Office…