Challenging the regulatory power of the ABA should not be confused with advocating for the loss
of independence of the legal profession.
Not exact matches
Basic principles
of judicial
independence, outrageously violated in some countries, freedom
of the
legal profession, sometimes precarious and prone to pressure and punitive tactics, deserve emphasis.
Outlining her qualities, «hard work, discipline, capacity for detailed research, intimate knowledge
of the law,
independence of mind and spirit, honesty and integrity, deep - seated respect for the rule
of law and for the best traditions
of the
legal profession, abiding belief in the sovereignty
of Almighty God», the President stated that these will serve her well in her new office.
Since when did it become the ethical practice
of any responsible and respected lawyer committed to the rule
of law,
independence of the judiciary, the
independence of the
legal profession, constitutionalism and democracy to resort to the print and electronic media as the medium
of arguing an appeal or review
of the decision
of a Court
of law he has lost?
So, we must get ready for, as some have predicted, the disappearance
of middle - sized and small law offices over the next ten years, and also for government intervention that rolls back law societies» monopoly over the provision
of legal services and the
legal profession's
independence from government interference.
In many other ways, he has been at the forefront
of these issues and a leader in the
profession of law: He is a founding director
of the Centre for the
Legal Profession and has been a member of the steering committee of Ontario's joint civil legal needs study, and served as research director for the Law Society of Upper Canada's task force on the independence of the
Legal Profession and has been a member
of the steering committee
of Ontario's joint civil
legal needs study, and served as research director for the Law Society of Upper Canada's task force on the independence of the
legal needs study, and served as research director for the Law Society
of Upper Canada's task force on the
independence of the bar.
A central issue, throughout the campaigns
of the last few years, had been the extent to which the
independence of the
profession can effectively be guaranteed by the
independence from government
of the
Legal Services Board (LSB), to be created under LSA 2007.
It took the
legal profession hundreds
of years to cement its
independence and it is perpetually at risk
of losing it.
[26] In addition, there are concerns regarding the
independence of the
legal profession.
The
legal profession will also see a loss
of independence.
The AG who can fulfil their duties with judicial discretion and
independence is a keeper even if they are considered the «white tiger
of the
legal profession» by some.
Engendering anti-competitive cartels and compromising the
independence of the
legal profession are not in the public interest.
That is a terrible and insufficient reason to throw away the
independence of the
legal profession, an
independence that took centuries to win.
If you care about the long - term health and
independence of the whole
legal profession, you oppose ABS.
And those standards are best protected by the total, hard - won and uncompromised
independence of the
legal profession.
Selling ownership
of the
legal profession is certain to do one thing — very, very badly worsen the situation whether through destroying the cost - effective lawyers or by compromising our
independence in favour
of the profit imperatives
of the non-lawyer owners or by severely over time reducing competition as a result
of the consolidations that ABS is specifically designed to bring about.
But selling ownership
of the
legal profession to nonlawyers who want hefty returns on their investments is most certainly not the answer considering that it will worsen, not improve, worsen the profit motivations / greed in the process (more layers
of entities to pay), and considering that it will most certainly weaken the
independence of the
legal profession to the profound detriment
of society, and considering that the access to outside capital will serve only to greatly accelerate anti-competitive concentrations (a trend various ABS insiders and observers in the UK candidly admit is happening and one they candidly admit that they are working hard to accelerate).
It took the British hundreds
of years to establish the
independence of the
legal profession.
You would sell out the
independence of the
legal profession for ephemeral, imagined benefits that are wholly unnecessary, and downright harmful, to the process
of dealing with the one sky - high barrier to access to justice.
or with compromising the
independence of the
legal profession?
If they have no income but own a home or other assets, then what you are saying is that we should compromise the
independence of the
legal profession in order to subsidize a person's asset wealth.
Something as vital, fragile and precious as the
independence of the
legal profession simply can not be risked on an altar
of short - term or hoped for benefits.
What hasn't been emphasized sufficiently in the ABS debate is, the
independence of the
legal profession is essential to the
independence of the judiciary — judges make decisions only on what evidence and argument that is provided by lawyers.
If you do not understand how hard it was for the
legal profession to achieve
independence and how hard it is too keep it (it is in the process
of being lost in two common law jurisdictions already), then you can not be expected to understand just how easily it can be lost.
Self - regulation
of the
legal profession and
independence of the
legal profession from the state are not synonymous terms — there is no reason why challenging the power
of the ABA to regulate
legal services will necessarily result in ending the
independence of the
legal profession from the state (that is, in leaving the
legal profession vulnerable to political influence or pressure by the government).
But for those who see
independence of the
legal profession (as well as
independence of individual lawyers) as
of fundamental importance, this prospect will be
of concern.
Significantly, the Regulatory Objectives strive to enhance public understanding
of and confidence in the regulation
of legal services by the Society, and speak to the unique and important role the Society plays in promoting and preserving the
independence of the
legal profession in the public interest.
Professional secrecy is, first
of all, an obligation imposed by the law on the attorney, that is intended to protect the rights
of defence
of the client and the
independence of the
legal profession.
Courts have repeatedly emphasized and supported the critical role that law societies fulfil in maintaining
independence of the
legal profession through the creation and enforcement
of standards
of practice.
Over the past 50 years, David has specialized in providing damage loss analyses to both the insurance industry and the
legal profession and, as a matter
of policy; he believes it is important to act for both claimants and defendants to preserve his professional
independence and impartiality.
[108] Others raised the objections to alternative structures that are commonly raised: [109] that they are a threat to the
profession's core values, [110] that they will trigger irresolvable conflicts
of interest, [111] that lawyers will lose their
independence, [112] that there is no evidence that alternative structures have increased access to justice in Australia or England & Wales, [113] that law firms can attract employees by paying competitive salaries without the need to offer employee shareholding, [114] that the burden
of proof lies with those who advocate for alternative structures, [115] that there is no way to regulate alternative structures, [116] that alternative structures will lead to a consolidated market for
legal services, [117] that more research is required, [118] etc..
ABSs are a danger to the
independence of the judiciary because they are a danger to the
independence of the
legal profession.
While the Court
of Appeal and the Federation place great stress on
independence of the bar as it relates to self - regulation
of the
legal profession, I do not find it necessary or desirable in this appeal to address the extent, if at all, to which self - regulation
of the
legal profession is a principle
of fundamental justice.
For many
of the career paths described, I see how business acumen is useful, but it's not clear how or where the integrity,
independence and candour
of the
legal profession is to be applied or even preserved.
I fervently hope that you and other erstwhile supporters
of ABS will have the courage
of epiphany and will eschew the worst idea to hit the
profession in centuries, and will instead (1) strive to maintain the hard - won full and uncompromised
independence of the
legal profession, (2) fight against the greedy forces that would cartelize the delivery
of legal services to the permanent detriment
of the public and the
profession, (3) be eternally vigilant in preserving our privilege / right
of self - regulation, and (4) strive assiduously toward identifying and implementing effective ways (we pretty much already know them) to bring down the one horrific barrier to justice.
The public and our society in general have hugely and immeasurably benefited, and still do, from the uncompromised
independence of the
legal profession.
Third, the long - term
independence of the
legal profession depends on two things, (1) not being governed by others and (2) not being owned by others.
«We need a regulatory system which respects the
independence of lawyers and
of the
legal professions.
If law societies can not effectively regulate the use and development
of those apps upon which lawyers become dependent, the resulting dependence upon many commercial and institutional producers
of apps will weaken the
independence of the
legal profession and law societies.
To the contrary, the
independence of the
legal profession from government intervention is essential not only to the
independence of the judiciary, but also to respect for the judiciary.
There has been a lot
of debate over what adverse effects alternative business structures and ownership models will have on the core values
of the
legal profession, including lawyer
independence, client confidentiality, and the duties owed by lawyers to a client — particularly the duty to avoid conflicts
of interest.
It leads to anti-competitive consolidations, loss
of very hard - won
independence of the
legal profession as lawyers become the puppets
of outside profit seekers, an irreversible compromising
of legal ethics, and so on.
You say that allowing for alternative business structures would lead to «anti-competitive consolidations, loss
of very hard - won
independence of the
legal profession as lawyers become the puppets
of outside profit seekers, an irreversible compromising
of legal ethics, and so on».
She is the recipient
of numerous awards and honors, including the American College
of Trial Lawyers» Justice Sandra Day O'Connor Award recognizing a judge for exemplary judicial
independence in the performance
of his or her duties, the George Washington University's Distinguished Alumni Award, the American Academy
of Matrimonial Lawyers» Jurist
of the Year Award, the Florida Association
of School Social Workers» Lifetime Achievement Award, the Palm Beach County League
of Women Voters Good Government Award, the William M. Hoeveler Judicial Professionalism Award, the Visionary Award
of the Family Law Section
of the Florida Bar, the Jewish Museum
of Florida's Breaking the Glass Ceiling Award, the Florida Council on Crime and Delinquency Distinguished Judicial Service Award, the Florida Association
of Women Lawyers» Award in recognition
of lifelong dedication to the success
of women lawyers in the
legal profession, the American Bar Association's Law Day Speech Award, the Lifetime Achievement Award presented by the Palm Beach County Jewish Federation and the Palm Beach County Legal Aid Society Civil Litigation Pro Bono A
legal profession, the American Bar Association's Law Day Speech Award, the Lifetime Achievement Award presented by the Palm Beach County Jewish Federation and the Palm Beach County
Legal Aid Society Civil Litigation Pro Bono A
Legal Aid Society Civil Litigation Pro Bono Award.
The Canadian Bar Association The Canadian Bar Association (CBA) is the essential ally and advocate
of all members
of the
legal profession and is committed to enhancing the professional and commercial interests
of a diverse membership and to protecting the
independence of the judiciary and the Bar.
It promotes the
independence of the judiciary and
legal profession, seeks to improve the law and administration
of justice, and promotes equality.
Only 15 per cent
of respondents felt that lawyers» use
of online social networks negatively affects the public's confidence in the integrity and professionalism
of the
legal profession, while almost 40 per cent
of respondents felt that judges» use
of online social networks negatively affects the public's confidence in the integrity and impartiality
of the judiciary, thereby undermining judicial
independence.
Why not let those two sad jurisdictions lose self - regulation, become regulated by government appointees, sell the
independence of the
legal profession, cartelize themselves, become accountable to profit - takers, while we simply snatch the accidental benefits and adapt them for here?
And above all, put the long - term
independence and salutary ethos (that most
of us in fact do adhere to)
of the
legal profession first and foremost.
The government has not adequately considered the importance
of the
legal profession, especially its strength and
independence, in a series
of measures it has taken in recent years.