This long view is evident in recent changes proposed to
regulation of the legal profession in Manitoba, changes that are clearly oriented toward the future.
Talks are also ongoing to formalize
a regulation of the legal profession in Russia, which to this point has been haphazard, at best.
Amy's doctoral dissertation involves a comparative study of
the regulation of the legal profession in England, the United States, Canada, and Australia.
of
regulation of the legal profession in Nova Scotia, including a historical timeline (1749 to present) and list of Society Presidents (1860 to present);
«The Society's online resources are now the primary source of information about
regulation of the legal profession in Nova Scotia,» says Darrel Pink, Executive Director.
(a) A lawyer shall not practice law in a jurisdiction in violation of
the regulation of the legal profession in that jurisdiction, or assist another in doing so.
Would the government do a better job by direct
regulation of the legal profession in the public interest than the Law Society does?
Not exact matches
Renée is currently at work on a project to understand the
regulation of midwifery
in the United States, and the activism
of pro-midwifery advocates who seek to make the
profession legal, where it isn't.
In conjunction with other recent studies carried out by ourselves, and the likes
of the
Legal Services Board and Solicitors
Regulation Authority, we are building a clearer picture
of why and how the
profession needs to move forward.
Paralegal Today offers information pertaining to paralegals on
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The law societies do not give sufficient importance to the interactions among: (1) the problem and its consequences — the thousands
of people whose lives have been damaged for lack
of affordable
legal services provided by competent lawyers; (2) the power
of the internet, the social media, and the news media together, to make those consequences into a public and political issue so quickly that there will not be time for the law societies to publish a persuasive response, and which issue will compel government intervention by way
of programs on the way to socialized law; (3) the fact that self -
regulation of the
legal profession has been lost by the law societies
in several jurisdictions
of the common law world and the U.S; [7] and, (4) the fact that the consequences
of the unavailability
of legal services at reasonable cost will motivate the many non-lawyer
legal service providers to offer
legal services that should be provided by lawyers, to people desperate for a lawyer's services that they can not afford.
My recommendation to the
profession would be use
regulation and the
profession's self - governing status to facilitate the creation
of circumstances
of legal practice that encourage ethical behaviour and a culture
of legal practice
in which ethical conduct is expected.
enhancing public confidence
in the
legal profession through appropriate and effective
regulation of legal professionals;
In order to ensure the public continues to benefit from an independent
legal profession, together with the protection afforded by it (e.g. lawyer - client privilege, high ethical practice standards and security
of trust funds and property), the Society's
regulation will, as a matter
of principle and as confirmed by the regulatory objectives, enhance public protection.
Although the Supreme Court
of Canada held
in Christie that a «general access to
legal services
in relation to court and tribunal proceedings dealing with rights and obligations» is not a fundamental aspect
of the rule
of law (see paras. 23 - 27), it does not follow that the
legal profession can preserve its monopoly over
legal services free from government
regulation or control
of any kind, even when, as now, it has made
legal services unavailable at reasonable cost to a large majority
of the population.
Australia, which already allows non-lawyers to invest
in law firms, is currently working toward achieving national
regulation of the
legal profession to facilitate a national
legal services market.
The CBA Futures Initiative is addressing issues related to the ethics and
regulation of the
legal profession, education and training
of lawyers, and innovation
in business structures.
«Decisions concerning: (1) the problem
of unaffordable
legal services and its consequences to the population; (2) the great power
of instant and wide - spread communications provided by the internet, the social media, and the news media
in dealing with those consequences; (3) the self -
regulation debate; and, (4) all matters as significant as the
regulation of the provision
of legal services by other
professions, should each be considered as to their impact upon the other three.
But if they take on the power to regulate other
professions without having solved the problem, when the government steps
in to again make
legal services available at reasonable cost, the arguments
in favour
of removing self -
regulation will be much stronger.
This leaves me feeling rather optimistic about the possibilities
in terms
of the future
of legal profession regulation in the prairie provinces.
And,
in England and Wales the reforms go even further: they decisively ended self -
regulation of the
legal profession by providing that neither the Chair of Legal Services Board (LSB, the oversight regulator in England and Wales), nor the majority of the governing board of the LSB may be law
legal profession by providing that neither the Chair
of Legal Services Board (LSB, the oversight regulator in England and Wales), nor the majority of the governing board of the LSB may be law
Legal Services Board (LSB, the oversight regulator
in England and Wales), nor the majority
of the governing board
of the LSB may be lawyers.
For a discussion
of the control the
legal profession in general, and the ABA in particular, has with respect to the regulation of legal services in the US, see Gillian Hadfield, «Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets,» Daedalus 143 (2014) 3, 10
legal profession in general, and the ABA
in particular, has with respect to the
regulation of legal services in the US, see Gillian Hadfield, «Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets,» Daedalus 143 (2014) 3, 10
legal services
in the US, see Gillian Hadfield, «Innovating to Improve Access: Changing the Way Courts Regulate
Legal Markets,» Daedalus 143 (2014) 3, 10
Legal Markets,» Daedalus 143 (2014) 3, 10 - 11.
In the law review article, Jayne frames her argument for the profession to embrace a new model, by first laying out the history of fee - sharing regulation in the legal professio
In the law review article, Jayne frames her argument for the
profession to embrace a new model, by first laying out the history
of fee - sharing
regulation in the legal professio
in the
legal profession.
Changes
in regulation of the
legal profession around the world, with the focus shifting to risk - based, proactive and appropriate management systems rather than one - size - fits - all, rules - based models;
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).
(1) the foreign lawyer must be a member
in good standing
of a recognized
legal profession in a foreign jurisdiction, the members
of which are admitted to practice as lawyers or counselors at law or the equivalent, and subject to effective
regulation and discipline by a duly constituted professional body or a public authority; or,
With the current self —
regulation of the
legal profession, non-lawyers aren't allowed to have any ownership interests
in a firm.
However, all lawyers and Law Societies
in Canada would be wise to heed the warnings
in the last paragraph
of that report: «where benefits to the consumer can be attained with proper
regulation to ensure that professional values are not lost, the Law Society must develop proper
regulation to allow for changes to the
profession through which improved access to
legal services can be attained.»
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.
In this context, the Commission takes pains to clarify that its proposal regarding LSPs «is consistent with the longstanding ABA policy in support of state - based judicial regulation of the legal profession and the practice of law by licensed lawyers.&raqu
In this context, the Commission takes pains to clarify that its proposal regarding LSPs «is consistent with the longstanding ABA policy
in support of state - based judicial regulation of the legal profession and the practice of law by licensed lawyers.&raqu
in support
of state - based judicial
regulation of the
legal profession and the practice
of law by licensed lawyers.»
Citing an article by Laurel Terry, Steve Mark and Tahlia Gordon, «Adopting Regulatory Objectives for the
Legal Profession,» the Report lists five benefits of the adoption of regulatory objectives, including that they serve as a guide to assist those regulating the legal profession and those being regulated, and they assist in ensuring that the function and purpose of the particular regulation is transpa
Legal Profession,» the Report lists five benefits
of the adoption
of regulatory objectives, including that they serve as a guide to assist those regulating the
legal profession and those being regulated, and they assist in ensuring that the function and purpose of the particular regulation is transpa
legal profession and those being regulated, and they assist
in ensuring that the function and purpose
of the particular
regulation is transparent.
[25] And
in its Issues Paper Concerning New Categories
of Legal Services Providers, the Futures Commission made a point of explaining that the paper's concept of authorizing and regulating nonlawyer legal service providers «is consistent with the longstanding ABA policy in support of state - based judicial regulation of the legal profession.&r
Legal Services Providers, the Futures Commission made a point
of explaining that the paper's concept
of authorizing and regulating nonlawyer
legal service providers «is consistent with the longstanding ABA policy in support of state - based judicial regulation of the legal profession.&r
legal service providers «is consistent with the longstanding ABA policy
in support
of state - based judicial
regulation of the
legal profession.&r
legal profession.»
[35] Barton discusses the lack
of public accountability by judges who regulate
legal profession in his article «An Institutional Analysis
of Lawyer
Regulation,» 1200 - 1204.
Changes
in the
regulation of the
legal profession around the world, which have shifted focus to risk based, proactive and appropriate management system - based regimes rather than one - size - fits - all, rules based models;
This connection is manifested
in the fact that ultimate authority over the
legal profession is vested largely
in the courts... To the extent that lawyers meet the obligations
of their professional calling, the occasion for government
regulation is obviated.
Crispin Passmore, Executive Director, Solicitors
Regulation Authority (
in book): Passmore explains how the SRA inherited a «traditional and old - fashioned» regulatory system driven by the needs
of the
legal profession, and the SRA's ongoing journey to transform the system to one focused on consumers
of legal services.
In March 2015, the Supreme Court
of Canada struck down certain provisions
of Canada's Proceeds
of Crime (Money Laundering) and Terrorist Financing Act and
regulations pertaining to the
legal profession.
On the possibility
of a single regulator being introduced — the
Legal Services Board (LSB) controversially called for a single legal services regulator in 2013 — Lavender warned that a super-quango would fail to understand the differences between the various parts of the legal profession and would try to impose a one - size - fits - all concept of regula
Legal Services Board (LSB) controversially called for a single
legal services regulator in 2013 — Lavender warned that a super-quango would fail to understand the differences between the various parts of the legal profession and would try to impose a one - size - fits - all concept of regula
legal services regulator
in 2013 — Lavender warned that a super-quango would fail to understand the differences between the various parts
of the
legal profession and would try to impose a one - size - fits - all concept of regula
legal profession and would try to impose a one - size - fits - all concept
of regulation.
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.
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.
She studies the design
of legal and dispute resolution systems
in advanced and developing market economies; the markets for law, lawyers and dispute resolution; contract law and theory; economic analysis
of law; and
regulation of legal markets and
legal profession.
Richard also has been pressing for liberalization
of the
regulation of the
legal profession, especially
in unauthorized practice
of law and nonlawyer investment
in law firms, as means to better serve middle - class consumers
of legal services.
This year: while ops teams are indeed
of diverse composition and include those with many disciplines who work well together, I'm still not seeing lawyers take the mental and emotional leap toward overruling the predominate
legal class system — both
in departments and
in the larger
profession via
regulation — that discriminates between the roles and value
of «lawyers» vs «non-lawyers.»
Noting that education and
regulation of the
legal profession are matters
of provincial jurisdiction, Saguil calls the federal government's intervention
in the case «perplexing.»
Consider — just for a moment — that the «bargain»
of self -
regulation has been set aside — such that there is,
in theory, a much lower expecation by the public and by the
profession relative to
legal professionals» obligations to the «public good».
Much
of the current attention given to how the Canadian
legal profession is regulated is a result
of moves away from lawyer self -
regulation in other common law jurisdictions.
That report talks about experimentation
in a number
of different contexts, including
legal practice,
regulation of the
profession and pre-call training.
In the absence of a systematic analysis of judicial regulation in Canada, we lack a complete picture of the current regulatory landscape governing this country's legal profession and how it came to b
In the absence
of a systematic analysis
of judicial
regulation in Canada, we lack a complete picture of the current regulatory landscape governing this country's legal profession and how it came to b
in Canada, we lack a complete picture
of the current regulatory landscape governing this country's
legal profession and how it came to be.
The Court
of Appeal for the Yukon Territory had held that the court had no jurisdiction to refuse a withdrawal for nonpayment
of fees,
in part, because the
legal profession is self - governing and that the provincial and territorial law societies have primary responsibility over lawyer
regulation.
The authors cite A. S. Watson
in Some Factors
in the Contemporary
Regulation of the American
Legal and Medical
Professions,