This legal comparative article analyzes the regulatory framework of lobbying services provided by law firms in the European Union and the USA. The comparison of regulation between the jurisdictions focuses on three aspects: the definition of lobbying, the legal advice exception, and alignment with bar association rules. While the EU and the USA are largely…
Characteristics of lawyers who are subject to complaints and misconduct findings
Sklar, T., Taouk, Y., Studdert, D., Spittal, M., Paterson, R., & Bismark, M. (2019). Characteristics of lawyers who are subject to complaints and misconduct findings. Journal of Empirical Legal Studies, 16(2), 318-342. Regulators of the legal profession are charged with protecting the public by ensuring lawyers are fit to practice law. However, their approach tends to be…
Ethical considerations for lawyers when responding to clients with cognitive decline
November is Alzheimer’s Awareness Month, a time when we increase awareness of Alzheimer’s disease and the more than 6.2 million Americans living with it. And as our population ages, the chances that a lawyer may interact with a client with cognitive decline may increase too. The Alzheimer’s Association predicts that 12.7 million Americans 65 and older (almost 1 in…
Twelve Tips to Help You Avoid Disciplinary Proceedings
No lawyer sets out to become a disciplinary statistic. Some lawyers, however, find themselves corresponding more often with disciplinary authorities than others. Solo and small firm practitioners, especially with practices in criminal, family or personal injury law, receive the highest number of client complaint letters. During the many years of representing lawyers in disciplinary proceedings,…
American Bar Association publishes bar exam pass data by ethnicity and gender
The Managing Director’s Office of the ABA Section of Legal Education has released the newest set of bar exam pass data aggregated by race, ethnicity and gender. The data from ABA approved law schools provides ultimate and first time pass grades. The charts, which are incorporated into the section’s Legal Education Statistics, include aggregate data in nine…
The regulation of lawyers in compliance
The field of compliance has exploded in interest, attention, and growth over recent years. It has emerged as a popular career path for those trained in the law, giving rise to an influx of job opportunities for new law school graduates and seasoned attorneys alike. Additionally, compliance has tightened the essential interplay between business and…
Judges and the Deregulation of the Lawyer’s Monopoly
In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting people who may not otherwise have access to legal services. In addition,…
Evidence-based lawyer regulation
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 challenging the unique value of lawyers’ services, even in…
A study by The National Association of Law Placement in the US has found black and Latina lawyers remain unrepresented at partner level
The National Association of Law Placement has conducted its 2022 Report on Diversity in Law Firms. The report highlights the “excruciatingly slow” progress for black and Latina lawyers at partner level across the US. Currently these two groups each make up less than 1% of all partners in 2022. Conversely, women in general now make…
American Bar Association propose amendments to Model Rules of Professional Conduct
The Committee on Ethics and Professional Responsibility and Committee on Professional Regulation has produced a third discussion draft of possible amendments to the Model Rules of Professional Conduct. These possible changes aim to clarify lawyer’s obligations on client due diligence. This comment period has been influenced by the previous two drafts and the public comments…