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UK Competition and Markets Authority to research Scottish legal services market

The Competition and Markets Authority has issued the following press release regarding its impending research into certain aspects of the Scottish legal services market to support the Scottish Government’s response to the Roberton Review.


The following release was published 17 June 2019.

This work has been prompted by the Roberton Review, an Independent Review of Legal Services Regulation in Scotland, and will provide evidence to assist the Scottish Government in determining how to take forward the recommendations made by that report. Led by Esther Roberton, that Review made a number of recommendations, including that there should be a single independent body to regulate the legal profession, set standards and handle complaints.

Building on work already done as part of the Competition and Market Authority’s (CMA) market study into the supply of legal services in England and Wales, this work will examine whether there is evidence of a lack of competition among legal services providers in Scotland, as was the case in England and Wales.

The research will also focus on:

  • the benefits of independent regulation of legal services in Scotland and whether the current institutional arrangement – where the bodies regulating the professions are also those representing and lobbying for them – dampens competition
  • the impact of the current legal services regulatory framework in Scotland on competition, particularly on innovation and the entry of new business models to the market

It is the CMA’s first Scotland-specific project since the expansion of its Edinburgh office last year to help the organisation better identify and resolve issues that harm Scottish consumers.

The CMA has today also published a document setting out its views on the Roberton Review’s recommendations. The CMA welcomes the review, which has sparked a debate about how to ensure the regulation of Scottish legal service providers delivers value for money and choice for consumers, as well as benefitting businesses and the economy.

The CMA intends to publish its findings in early 2020. More information can be found through the CMA here.

Notes to editors

  1. The Independent Review of the Regulation of Legal Services, led by Esther Roberton, was invited by the Scottish Government to review the regulation of legal services in Scotland. It reported in October 2018
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High Court Sends Back Bar Membership Row

The U.S. Supreme Court sent back a case challenging a nearly 30-year-old precedent allowing mandatory bar membership.

The case took aim at the county’s first mandatory bar, North Dakota’s, which required membership in the state’s bar association as a condition to practice law as early as 1921, according to the American Bar Association.

Although the state with the most lawyers as of 2017—New York—still has voluntary membership, 37 other U.S. jurisdictions have “unified” or “integrated” bars, which require bar membership, according to ABA statistics.

Arnold Fleck, a North Dakota lawyer, says the requirement violates his First Amendment rights. He asked the court to overturn a nearly 30-year-old precedent holding otherwise.

The Supreme Court said in 1990 that mandatory membership schemes pass constitutional muster so long as they don’t require members to “finance political and ideological activities with which” an attorney disagrees.

Read the full article from Bloomberg Here

Case: Fleck vs. Wetch

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Indiana professional rules limit lawyers’ speech about judges

The Indiana Lawyer has released an article tackling one of the legal sector’s most contentious issues – Rule of Professional Conduct 8.2(a), which governs lawyers’ speech about judges. Lawyers, it seems, don’t want to address the topic for fear of being perceived as speaking critically of the judiciary, while judges seemingly don’t want to discuss situations where they feel they have been unfairly criticized. According to an Indiana University Robert H. McKinney School of Law professor, the unease surrounding Rule 8.2(a) is not a matter of respect, but rather a matter of lawyer fear. Professor Margaret Tarkington takes a deep dive into caselaw surrounding lawyer speech and related discipline and concludes that rules similar to 8.2(a) can cause attorneys to stay tight-lipped even in the face of judicial misconduct.

Read the full article from Indiana Lawyer Here

A wave of violence against lawyers is crippling the Philippines’ justice system

The slaying earlier this month of a prominent human rights lawyer in the Philippines who worked on behalf of poor suspects accused of drug-related crimes has sparked a renewed outcry over President Rodrigo Duterte’s brutal war on drugs. The lawyer, Benjamin Ramos, was gunned down by two unidentified assailants on Nov. 6—the 34th lawyer to be killed since Duterte took office in 2016. In an interview with WPR, Imelda Deinla, a research fellow at the Australian National University’s School of Regulation and Global Governance, explains why Philippine lawyers are being targeted and how this wave of violence is affecting the country’s legal institutions.

Read the full story from World Politics Review 

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NEW! ICLR Digital Content Group on ICLR.net

ICLR.net is excited to announce our new membership group for Digital Content. Join our group and post your legal regulation & legal profession news, events, research publications, consultations and announcements. Sharing your digital content with the ICLR.net community is best way to reach a truly diverse and international audience of regulators. Get involved today!

Visit the new Digital Content Group

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Singapore’s Ministry of Law Accepts Recommendation to Strengthen Professional Training of Lawyers

The Ministry of Law (MinLaw) announced on 30 August 2018 that it has accepted in principle the recommendations of the Committee for the Professional Training of Lawyers on strengthening the professional training regime for lawyers in Singapore. The key recommendations include: (a) uncoupling admission to the Bar from the completion of a practice training contract; (b) lengthening the practice training period from six months to one year; and (c) raising the standard and stringency of Part B of the Singapore Bar Examinations. The Committee also made 17 other specific recommendations to address discrete issues within the professional training regime. The implementation of these recommendations will help raise the quality of legal training and better equip law graduates with the necessary expertise to meet the demands of the future economy and society.

MinLaw will work with stakeholders, including the Law Society of Singapore and the Singapore Institute of Legal Education, on the implementation of the recommendations. The three key recommendations will be implemented from the 2023 session of Part B of the Singapore Bar Examinations onwards, to give the industry time to adjust. The majority of students currently in law school will not be affected by these changes.

Read more in the MinLaw Press Release

Solicitors Regulation Authority Assessment Organisation Appointed

The SRA has appointed Kaplan as the assessment organisation to develop and run the Solicitors Qualifying Examination (SQE).

Selected following a rigorous, year-long process, Kaplan provides education, training and assessment across professional services, including in law, financial services, accountancy and banking. It has direct experience of assessment within the legal sector in England and Wales as the provider of the Qualified Lawyers Transfer Scheme (QLTS). Kaplan will not provide training for the SQE.

The SRA and Kaplan will work with stakeholders from across the legal and education sectors to develop and test the SQE. Kaplan will then run the SQE on our behalf. They have been appointed for a period of eight years from the introduction of the SQE.

The SQE will provide a single common assessment for all aspiring solicitors. It will be introduced, at the earliest, in September 2020. The costs of the assessment will be determined once the final design is fixed, although we are aiming to provide guidance on indicative costs before then.

Full Press Release Here

Test item with display dateVanessa Arora27 November 2006

Notes on source

This document was included in a review of regulatory information by the Legal Services Board in England and Wales, between 2010 and 2012. The following paragraphs repeat the LSB’s notes on the document at that time.

Supply | Dynamic market analysis | What is the likely take-up of ABS as a structure?

Reports on a survey of 30 large law firms across the country. Survey shows that 56 per cent were considering adopting an ABS.

http://www.thelawyer.com/firms-keen-on-taking-up-clementi-report-reforms/123199.article

Firms keen on taking up Clementi Report reformsVanessa Arora27 November 2006

Notes on source

This document was included in a review of regulatory information by the Legal Services Board in England and Wales, between 2010 and 2012. The following paragraphs repeat the LSB’s notes on the document at that time.

Supply | Dynamic market analysis | What is the likely take-up of ABS as a structure?

Reports on a survey of 30 large law firms across the country. Survey shows that 56 per cent were considering adopting an ABS.

http://www.thelawyer.com/firms-keen-on-taking-up-clementi-report-reforms/123199.article