Regulators are poised to consider radical rule changes that could decisively open the way to allowing non-lawyers into the legal profession of the US’s most populous state. The State Bar of California voted earlier this month to accept a report from legal academic Professor William D. Henderson calling for structural reforms to the way the…
New York City Bar Association E-Discovery Working Group publishes guide on cross-border e-Discovery
SUMMARY The New York City Bar Association’s E-Discovery Working Group issued a report examining the challenges of conducting discovery when the scope of discovery exceeds US borders. The Committee lays out the most common circumstances in which cross-border discovery would occur, including issues of personal jurisdiction over foreign parties as well as cases of US subsidiaries of…
Encouraging the Development of ‘Low Bono’ Law Practices
For decades, the discussion about access to justice has primarily focused on the ability of low–income individuals to obtain free representation by lawyers. Lawyer representation is the “gold star” of the legal profession and advocates of legal services for the poor have fought difficult battles to ensure the most disadvantaged in our country have access…
Training Lawyer-Entrepreneurs
The Great Recession has caused many new attorneys to question their decisions to go to law school. The highly publicized decline in employment opportunities for lawyers has called into question the value of obtaining a law degree. The tightening of the economy has diminished the availability of entry-level jobs for law graduates across employment sectors….
Proposal to eliminate standardised test requirement for US law schools
The requirement that American Bar Association-approved law schools require applicants to submit a standardised law school admissions test as part of their application could soon become optional. The Standards Review Committee of the Council of the American Bar Association’s Section of Legal Education and Admissions to the Bar advanced a proposal to eliminate the requirement…
ABA issues formal guidance to lawyers on limits of blogging and representation
The American Bar Association Standing Committee on Ethics and Professional Responsibility has issued Formal Opinion 480 explaining the limitations the Model Rules of Professional Conduct place on lawyers who blog or engage in other social commentary related to a representation. Under Model Rule 1.6(a) a lawyer has a duty of confidentiality. Supporting language to the model rule, known…
Proactive management-based regulation: update from the US
Technology was very much a topic of conversation at the 2017 ICLR Meeting in Singapore. Regulators are using technology to help them better focus their work and resources. In the context of access to legal services and access to justice, technology offers consumers ways to connect with lawyers and to get help. And, technology helps…
Report from the National Task Force on Lawyer Well-Being
A coalition of groups, including the American Bar Association Commission on Lawyer Assistance Programs, have released a comprehensive report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, aimed at addressing the problem of substance use and mental health disorders of lawyers. The report, by the National Task Force on Lawyer Well-Being, includes several dozen recommendations…
Event: NOBC 2017 Annual Meeting
Join the National Organisation of Bar Counsel (NOBC) in New York on 9-12 August 2017 for its Annual Meeting. You’ll get the opportunity to meet and learn from others who face the same issues. Session topics include: ‘A discussion about “attacks” on regulatory counsel (and how to deal with them)’, ‘Interplay Between Disciplinary Agencies and Client…
Legal technology and regulation
The month of May saw two technology and legal regulation issues come to light in the US. Cyber security and client communications The changing technological landscape and rising incidence of “cyber intrusion” prompted the ABA’s ethics committee to update an 18-year-old opinion on whether lawyers must use encrypted e-mail when communicating with clients. Technologically, much…