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…
Ethics and in house lawyers
A survey of 400 in-house lawyers, carried out by law professors from Exeter University and University College London in collaboration with flexible legal services provider Lawyers on Demand, has revealed that a third of in-house lawyers are sometimes placed in difficult moral positions. The research found that: 32% were asked ‘to advise or assist on things that made…
ICLR 2019: Changing Nature of the Profession; Workshop C1: Equality and Diversity
The following content has been provided by the panel presenting on this topic during the afternoon on Day 2 of ICLR 2019. Synopsis The panel will focus on sexual harassment in the legal profession as a regulatory issue, and explore the regulatory issues that can arise in the use of non-disclosure agreements (NDAs) in sexual…