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…
LSB plans to review regulatory structure
A paper by Steve Brooker, head of policy development and research at the Legal Services Board, released on the 4th of June, has suggested that the LSB should review the regulatory structure, including the reserved legal activities within its current powers. The report comes in the wake of indications from the UK’s Ministry of Justice…
Mayson Report: Final report published
The highly anticipated denouement of the Independent Review of Legal Services, which was first launched in October 2018, was published on the 11th June. The 340-page report which has been informed by a number of working papers, as well as an interim report, which has been fed into by a variety of actors in the…
AI Regulation in Europe
Abstract With the regulation of Artificial Intelligence (AI), the European Commission is addressing one of the central issues of our time. However, a number of core legal questions are still unresolved. Against this background, the article in a first step lays regulatory foundations by examining the possible scope of a future AI regulation, and by…
SRA to become distinct legal entity within the Law Society Group
The Law Society and the Solicitors Regulation Authority of England and Wales have agreed to set up the SRA as a distinct legal company within the Law Society Group. The aim is to deliver clearer financial reporting, without changing the fundamental relationship. In a joint statement Law Society President, Simon Davies and SRA Chair, Anna Bradley…
CMA releases report and recommendations on Scottish legal services
On the 24th March, the Competition and Markets Authority (CMA) released its review and recommendations on the legal services market in Scotland. One of the key recommendations put forward in the report is that an independent body should be set up to regulate the profession, separating representative and regulatory functions. The CMA has suggested that “Separating…
The Sandbox Paradox: Balancing the Need to Facilitate Innovation with the Risk of Regulatory Privilege
Abstract In recent years, “regulatory sandboxes” have gained a great deal of attention from policymakers, regulators, and regulatory scholars. Regulatory sandboxes are closed testing environments in which specific firms are able to experiment with new and innovative business models or products with reduced regulatory burden or expedited regulatory decisions. Sandbox advocates support or defend regulatory…