The UK Competition and Markets Authority has released an updated report based on its initial findings on the legal services market published in 2016. The report recognises the improvements that have been made in increasing the transparency of the price, service and quality of legal services, but said there was more to do to increase…
RegTech and Predictive Lawmaking: Closing the RegLag between Prospective Regulated Activity and Regulation
Abstract Regulation chronically suffers significant delay starting at the detectable initiation of a “regulable activity” and culminating at effective regulatory response. Regulator reaction is impeded by various impediments: (i) confusion in optimal level, form and choice of regulatory agency, (ii) political resistance to creating new regulatory agencies, (iii) lack of statutory authorization to address particular…
Law Society of British Columbia to Widen Access to Legal Services
On September the 10th the Law Society of British Columbia elected to make changes suggested by a task force on modernisation established this January. The task force cited ongoing changes in the legal market, which have been accelerated by the ongoing COVID-19 pandemic, as well as the pace of change in other jurisdictions, as to…
Law Society of Saskatchewan Makes COVID-19 Rule Changes Permanent
The Law Society of Saskatechewan has announced that the Government of Saskatchewan has repealed emergency regulations surrounding remote execution and witnessing of documents electronically and replaced them with permanent rule changes, which will extend beyond the period of public emergency. The rule changes come about in the light of the increased efficiency and lower cost…
Arizona to Allow Non-Lawyer Ownership
The Arizona Supreme Court has approved rule changes allowing for non-lawyer ownership of law firms in the state. The rule change comes in the wake of the two-year sandbox announced in Utah, however, the Arizona courts went one step further, opting to make the changes permanent. The recommendations for the rule change were first proposed…
Lawyer Regulation in Kiribati
Abstract The Kiribati legal profession developed slowly from 1980 to 1997 and grew rapidly following the establishment of the University of the South Pacific (USP) School of Law. The legal profession in Kiribati may be described as a nascent or proto-profession. While it demonstrates some features of a profession, such as maintaining a monopoly over specialised knowledge and being…
The Place of Non-Advocate Lawyers in Legal Practice in Kenya
Abstract This study observes that Kenya has for a while witnessed an incessant surge in the number of unqualified legal practitioners. The study attributed the same to non-advocate lawyers masquerading as competent advocates. In assessing this, the study determines what legal practice entails and whether rendering legal advice constitutes legal practice. The study then outlines the significance of the jealously monopolistic regulation of the legal profession by…
Utah to be First US State to Trial Non-Lawyer Ownership
Utah has become the first state in the US to allow non-lawyer ownership of legal services providers. This month the State Supreme Court unanimously voted in favour of approving a 2-year sandbox programme which would licence new forms of legal services ownership. The move has come about in the face of continued concerns over access…
Regulatory Suspensions in Times of Crisis: The Challenges of Covid-19 and Thoughts for the Future
Abstract The Covid-19 crisis in 2020 severely impacted the corporate and in turn, the financial sectors of the UK, entailing responses from financial regulators to implement unprecedented regulatory suspensions that affect both the financial sector and the real economy. We argue that regulatory suspensions are a unique crisis management tool and give rise to certain…
The Challenge of Regulatory Excellence
Abstract Regulation is a high-stakes enterprise marked by tremendous challenges and relentless public pressure. Regulators are expected to protect the public from harms associated with economic activity and technological change without unduly impeding economic growth or efficiency. Regulators today also face new demands, such as adapting to rapidly changing and complex financial instruments, the emergence…