Abstract The civil justice gap is well-known, well-documented, and widening. Although judges, practitioners, and scholars have attempted for more than fifty years to increase the supply of civil legal services available to those in need, demand continues to dramatically outstrip supply. This article argues that given the static (or worsening) state of the civil justice gap, and the…
Solicitors Regulation Authority publishes data on the profile of solicitors in its enforcement processes
As part of its wider work on providing clear reporting on the operational aspects of its work, the Solicitors Regulation Authority of England and Wales (SRA) have published their second annual report on their enforcement activities. The ‘Upholding Professional Standards’ report summarises the handling of over 9,500 reports and 3,600 investigations in the 2018/19 period….
Entity Regulation, Litigation Rights and the Changing Meaning of Professionalism at the Bar of England and Wales
Abstract Entity Regulation, Litigation Rights and the Changing Meaning of Professionalism at the Bar of England and Wales The Legal Services Act 2007 provided a framework for a liberalised marketplace for legal services. The most significant responses to this by the Bar appear in the Bar Standards Board Handbook, which was first released in January 2014. This included changes allowing…
Keeping Lawyers’ Houses Clean: Global Innovations to Advance Public Protection and the Integrity of the Legal Profession
Abstract Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers…
Conference: AI and the Rule of Law – Regulation and Ethics
Friday 20th November 2020 IALS, London A call for papers is announced for the Information Law and Policy Centre’s Annual Conference, this year supported by Bloomsbury’s Communications Law journal. Further details at the event website.
Federation of Law Societies of Canada approves recommendations towards reconciliation with Indigenous peoples
The Federation has adopted an overarching framework to guide it on the path to reconciliation with Indigenous peoples in Canada. Laid out in a report from the Federation’s TRC Calls to Action Advisory Committee (“Advisory Committee”), the framework is rooted in the recognition of the significance of Indigenous legal orders, legal principles, and the perspectives and experiences of…
LSB extends call for evidence on ongoing competence
The deadline for the LSB’s consultation on ongoing competence has been extended to the 26th June. The call has been extended due to the ongoing pressure on respondents, and the need to divert resources, due to the ongoing COVID-19 crisis. The LSB has said: “We are asking respondents to consider four themes: Defining competence and competence assurance …
Avoiding Even the Appearance of Impropriety: An Empirical Study of Public Perceptions of Ethical Dilemmas in the Legal Profession
Abstract The “appearance of impropriety” standard should be categorically applied to regulate all members of the legal profession. The standard is intended to prevent the public’s loss of confidence in the legal system by disciplining members of the profession who appear to act improperly even if they do not violate specific ethics rules. When applying…
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…
ABA releases ethical guidance for lawyers changing firms
On the 4th December 2019, the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility issued guidance on the ethical responsibilities of lawyers who are changing firm. Formal Opinion 489 recognises a lawyer’s right to move firms, noting that the ethics rules do not allow non-competition clauses in partnership, member, shareholder or employment…