This month’s feature looks at a few of the jurisdictions currently engaging in a review of the legislative framework for the regulation of legal services. These reviews cover issues ranging from a restatement of the objectives of lawyer regulation through to a fundamental redesign of the architecture of regulation and the roles and responsibilities of…
The German Federal Bar Association advocates for criminal procedure reform
The German Federal Bar Association (BRAK) is advocating for comprehensive reforms to criminal law and criminal procedure to better utilize the potential of digitalization in criminal proceedings. The BRAK has presented specific reform proposals for the Code of Criminal Procedure, focusing on electronic file management, file inspection, and AI-supported investigation methods. The proposals aim to…
Judges and the deregulation of the lawyer’s monopoly
In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting people who may not otherwise have access to legal services. In addition,…
JP McDowell, Managing Partner at Fieldfisher Ireland, calls for more power to regulators
JP McDowell, managing partner of Fieldfisher in Ireland, a leading international law firm representing various Irish professional regulators, has advocated for granting more regulatory bodies the authority to conduct searches, seize documents, and bring prosecutions. McDowell highlighted the importance of transparency in regulatory processes and welcomed recent scrutiny of regulatory practices. He emphasized the need…
Law Society of New Zealand Aotearoa accepts in principle proposal for independent regulator
Law Society of New Zealand Aotearoa has accepted in principle the proposal for an independent regulator. This proposal comes from the independent Review Report carried out recently into the future structure of regulation in New Zealand. The primary recommendation from the review was the creation of an independent regulator, as the current structure of regulation…
Legal Services Regulatory Authority of Ireland welcomes passage of the Courts and Civil Law Bill 2023
The Legal Services Regulatory Authority (LSRA) of Ireland has welcomed the passage of the Courts and Civil Law (Miscellaneous Provisions) Bill 2023, which contains a range of reforms including amendments to the Legal Services Regulation Act 2015. The amendments are related to the levy on legal practitioners and aim to simplify the funding model for…
The Scottish Government publishes its official remarks in response to reforms on legal regulation
The Scottish government plans to bring forward legislation to reform and update the regulation of legal services in Scotland. The proposed legislation comes on the back of a consultation undertaken in 2021 to identify areas of improvement in a regulatory system largely written in the 1980s. The consultation ran between October and November 2021, with…
The Legal Services Board of England and Wales publishes new regulatory performance framework
The Legal Service Board, the oversight regulatory of England and Wales, has published a new approach to regulatory performance. This new approach invites the frontline legal regulators to take the lead on demonstrating that they are well-led and have an effective approach to regulating in the public interest. The new approach encourages regulators to continually improve…
German Regulator brings in Federal Lawyers’ Act (BRAO) reform
The BRAO reform came into effect on August 1st and will alter more laws than just the Federal Lawyers’ Act. The new BRAO no longer primarily focuses on the individual professional, but assumes that the professional training company is the central organizational form. these central organisations must take our organisational insurance. This means that the…
The Association of Professional Responsibility Lawyers United States recommends lawyers be permitted to practice in any state
The Association of Professional Responsibility Lawyers (APRL), a group of 400 lawyers who advise on ethics matters, has recommended that lawyers admitted to a US jurisdiction be able to practice across any state. The Association suggests the ABA Model Rule 5.5, which was adopted in 2002 to prohibit lawyers from practicing in jurisdictions they had…