The Evolution of Professionalism as a Mode of Regulation: Evidence from the United States

Opinion is divided on how far and in what ways professionalism as a mode of regulation has evolved. To date, attention has focused on the impact of neoliberal political and economic ideologies that challenge the idea that professions should be trusted to regulate themselves. This article further examines the impact of these attacks on professionalism…

The American Bar Association provides some expert tips for practicing ethically

Theresa Gronkiewicz writes that after a career of representing lawyers in complaints issues there are a number of issues that come up time and again which could be avoided by implementing a strong practice management system and common-sense approach to law. There are 12 tips including: Implement strong law office management procedures Learn to identify…

The New Zealand Law Society | Te Kāhui Ture o Aotearoa has issued final guidance on reporting requirements under the Conduct and Client Care Rules

The New Zealand Law Society | Te Kāhui Ture o Aotearoa has issued guidance on reporting requirements under the Conduct and Client care Rules. The rules came into force in July 2021 and attempt to clarify the behaviour expected of lawyers. The main goal of these guidelines is to tackle bully, harassment and discrimination in…

The Bar Tribunals and Adjudication Service has published a second consultation document on changes to the Sanctions Guidance

The Bar Standards Board (BSB) has welcomed the publication of a second consultation document on changes to the Sanctions Guidance by the Bar Tribunals and Adjudication Service (BTAS). These guidelines are used by Disciplinary Tribunals in deciding what sanctions to impose in cases of proven professional misconduct by barristers in England and Wales. This consultation seeks…

California Board of Trustees introduces new measures to improve the disciplinary system

At its July 23 meeting, the California State Bar Board of Trustees took steps to strengthen the discipline system in the state, these include establishing a special committee—the Committee on the Special Discipline Case Audit—to undertake an analysis into the disciplinary system in the state, with a particular focus on misappropriation of client funds. The…

Digging into Algorithms: Legal Ethics and Legal Access

Abstract The current discussions around algorithms, legal ethics, and expanding legal access through technological tools gravitate around two themes: (1) protection of the integrity of the legal profession and (2) a desire to ensure greater access to legal services. The hype cycle often pits the desire to protect the integrity of the legal profession against the ability to use algorithms to provide greater access to legal services,…

Solicitors Regulation Authority of England and Wales publishes latest annual reports

The Solicitors Regulation Authority (SRA) has published its suite of annual reports, which cover five core topics, these are: ‘Anti-money Laundering‘, ‘Authorisation‘, ‘Client Protection‘, ‘Education and Training‘ and ‘Upholding Professional Standards‘. Key findings from the reports include: There has been a year-on-year increase in the number of solicitors qualifying through apprenticeships, firms offering recognised training…

Canadian Bar Association launches truth and reconciliation toolkit for law firms

In June 2021, the Canadian Bar Assocation (CBA) is launching a Truth and Reconciliation toolkit, focused on large Candaian law firms, and helping them to reconcile and renew relationships with indigenous communities in Canada. The toolkit is aimed at firms that are already on a reconciliation journey or would like to begin one, and firms…

The Surprising Success of Washington State’s Limited License Legal Technician Program

Washington State launched the Limited License Legal Technician program in 2015, aiming to provide competent, regulated, and reasonably priced legal services to moderate means Washingtonians with family law issues. By 2020, the Washington Supreme Court had soured on the program and voted to sunset it. What happened? For this white paper, we interviewed key stakeholders…

Event: Kingsley Napley Spotlight Series – Insights into Legal Services Regulation in 2021: promoting professional behaviours

June; 16, 2021 Online How can firms better identify behaviours amongst lawyers and staff that pose a risk to its culture and its compliance with SRA regulatory obligations? Can firms learn to recognise antecedents, structures and behaviours that pose a reputational and regulatory risk and take action to eradicate or at least minimise their prevalence?…