Draft Legal Services Bill, Explanatory Notes and Regulatory Impact Assessment

Draft Legal Services Bill, Explanatory Notes and Regulatory Impact Assessment
Author: Great Britain: Department for Constitutional Affairs
Publisher: The Stationery Office
Total Pages: 340
Release: 2006-05-24
Genre: Law
ISBN: 0101683928

This Command Paper brings together the Draft Legal Services Bill, explanatory notes and Regulatory Impact Assessment. The Bill sets out its' objective to establish the Legal Services Board and its various functions. The Bill itself contains 159 clauses and 15 schedules. The parts of the Bill can be set out as follows: Part 1: The Regulatory Objectives, sets out 7 regulatory objectives of the regulators, which guides the Legal Services Board; Part 2: The Legal Services Board, sets out the structure and functions of the Board; Part 3: Reserved Legal Activities, lists and defines the reserved legal activities, and explains who is entitled to carry out these activities, and the penalties for those not entitled; Part 4: Regulation of Approved Regulators, sets out the general duties of approved regulators, and the powers that the Board has to ensure that these are being carried out; Part 5: Alternative Business Structures, makes provision for new business structures in legal services; Part 6: Legal Complaints, establishes an independent complaints handling body called the Office for Legal Complaints (OLC); Part 7: Financial Provisions, sets out arrangements for the funding of both the Board and the Office for Legal Complaints; Part 7: Miscellaneous and General Provisions makes provision for any guidance to be produced by the Board, and allows the Board to enter into voluntary arrangements. The Regulatory Impact Assessment (RIA) sets out the rationale for reform of the regulation of legal services.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Draft Criminal Defence Service Bill,Consultation Paper and Explanatory Notes

Draft Criminal Defence Service Bill,Consultation Paper and Explanatory Notes
Author: Great Britain. Department for Constitutional Affairs
Publisher: The Stationery Office
Total Pages: 74
Release: 2004
Genre: Law
ISBN: 9780101619424

This consultation paper sets out the Government's proposals for a draft Bill to implement changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. The main provisions of the draft Bill relate to two measures: the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission; and the re-introduction of a means test for criminal cases. The aim of the Bill is to ensure that the taxpayer gets best value for money from the CDS and to improve management control and consistency in the legal aid system and the way in which the fund is spent. The re-introduction of the means test seeks to focus resources on those that need help most. Responses should be received by 6 August 2004.

Scrutiny of the draft legislative programme

Scrutiny of the draft legislative programme
Author: Great Britain: Parliament: House of Commons: Select Committee on Modernisation of the House of Commons
Publisher: The Stationery Office
Total Pages: 64
Release: 2008-01-23
Genre: Political Science
ISBN: 9780215038234

This report, from the Select Committee on Modernisation of the House of Commons, presents the first inquiry into the Governance of Britain, all issued as Command Papers and published in 2007: (Cm. 7170, ISBN 9780101717021; Cm. 7175, ISBN 9780101717526; Cm. 7192, ISBN 9780101719223; Cm. 7210, ISBN 9780101721028; Cm. 7231, ISBN 9780101723121; Cm. 7235, ISBN 9780101723527; Cm. 7239, ISBN 9780101723923). It considers Parliament's role in scrutinising the proposed legislative programme, including arrangements for publication and debate as well as wider consultative strategies. The Committee has set out a number of conclusions and recommendations, including: the Committee believes that the use of plain English in the Draft Legislative Programme is to be commended, and the Government should consider extending the approach to programmed Bills on a trial basis; that the Government's main non-legislative plans should be included in the Draft Legislative Programme, alongside the list of proposed bills, in order that a full programme of government is available for scrutiny; that there is a benefit to be derived from the presentation of the Government's legislative programme as a whole and that the Draft Legislative Programme should be published earlier in the year, preferably before Easter, so that select committee scrutiny and public consultation can be carried out more effectively; that the Draft Legislative Programme should be the subject of a separate debate in Parliament.

Modernizing Legal Services in Common Law Countries

Modernizing Legal Services in Common Law Countries
Author: Laura Snyder
Publisher: Lexington Books
Total Pages: 385
Release: 2017-08-07
Genre: Law
ISBN: 1498530079

Most people understand that regulations have a direct bearing on their access to things such as clean air and water and safe working environments. However, in the United States, few people make the connection between how legal services are regulated and how difficult it is for them to access legal services. Indeed, on the question of affordable and accessible civil justice, the World Justice Project ranks the US 94th out of 113 countries, behind Albania, Belarus, Myanmar, and Russia. For decades academics and others have debated whether the legal profession is self-regulated and, if it is, whether it should be. But is it the right debate? Self-regulation—or not—does not obviate the need for effective regulation. Independent, accountable, and transparent regulatory bodies, effective oversight of those bodies, the genuine engagement of citizens in the regulatory process, evidence-based research to fully assess the impact of regulation, and an approach to regulation that is proportionate and targeted to actual risks are essential for effective regulation. Through the lens of the adoption of alternative structures, this book explains how England, Wales, and Australia have, by embracing these essential elements, successfully modernized their regulatory environments for legal services, and how Canada has taken firm steps down its own path to the same. In contrast, by rejecting these elements, the United States remains paralyzed in an unproductive regulatory environment for legal services. This book provides a blueprint for how the US can take inspiration from its common law sisters to breathe new life into its regulatory environment for legal services. Ultimately, modernization will require more—and better—regulation that is financed publicly through equitable, progressive revenue sources.

Draft Defamation Bill

Draft Defamation Bill
Author: Great Britain: Ministry of Justice
Publisher: The Stationery Office
Total Pages: 130
Release: 2011-03-15
Genre: Law
ISBN: 9780101802024

This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.

Alternative Perspectives on Lawyers and Legal Ethics

Alternative Perspectives on Lawyers and Legal Ethics
Author: Reid Mortensen
Publisher: Routledge
Total Pages: 305
Release: 2010-09-13
Genre: Law
ISBN: 1136937412

The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the years. This book offers contemporary and non-mainstream perspectives on the shape of the legal profession. It examines how the public sees lawyers and how lawyers see their own profession.

PCET

PCET
Author: Jonathan Tummons
Publisher: Learning Matters
Total Pages: 454
Release: 2019-09-02
Genre: Education
ISBN: 1526481839

This text is an introduction to learning and teaching in the post compulsory sector. Those training to teach in the sector need to understand learning and learners in PCET. This text goes further than other texts in its exploration of the sector. It encourages readers to critically evaluate the context of PCET in the UK and opens up their learning through introducing some global profiles. The text explores learners in the sector, the diversity of the sector, the challenges and some topical contemporary themes. It covers a breadth of content and can thus be used as a general course text for all PGCE (PCET) courses as well as other education programmes. Through pedagogical features including critical questions, teacher and learner voices, links to practice and more, the text provides a resource for all those learning about PCET.

Launch of the Draft Animal Welfare Bill

Launch of the Draft Animal Welfare Bill
Author: Great Britain. Department for Environment, Food & Rural Affairs
Publisher: The Stationery Office
Total Pages: 104
Release: 2004
Genre: Social Science
ISBN: 9780101625227

The UK established the world's first animal welfare protection laws, with the passing of the Protection of Animals Act in 1911 which made it an offence to cause unnecessary suffering to any domestic or captive animal. This draft Bill, which extends to England and Wales, seeks to consolidate and modernise the legislation in line with current animal welfare standards, including the reforms undertaken in other countries such as New Zealand and Sweden. Amongst its provisions, which are grouped under 10 headings, the draft Bill seeks to: i) establish a duty of care to ensure the welfare of all kept animals, enabling animal welfare organisations to intervene where there is evidence an animal is being kept in conditions likely to lead to suffering, rather than having to wait for evidence that the animal has suffered abuse before legal action can be taken; ii) prohibit the sale of pets to children under 16; iii) end the practice of giving pets, including goldfish, as prizes, for example at funfairs; and iv) make offences of animal cruelty or keeping animals for fighting arrestable offences, with the maximum penalty leading to imprisonment upto 51 weeks or a fine of upto £20,000, or both. This publication contains the text of the draft Bill, explanatory notes and a regulatory impact assessment.