Modernizing Legal Services in Common Law Countries

Modernizing Legal Services in Common Law Countries
Author: Laura Snyder
Publisher:
Total Pages: 384
Release: 2017-07-15
Genre: Common law
ISBN: 9781498530064

This book examines the ways in which common law countries such as England, Australia, and Canada have modernized their regulatory environments for legal services. It critiques stagnant regulation practices in the US and offers a blueprint for effective regulation of legal services to ensure affordable and accessible civil justice for all citizens.

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.

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Keeping Pace with Change: Fintech and the Evolution of Commercial Law
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 31
Release: 2022-01-27
Genre:
ISBN: 1616358750

This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

The Internationalisation of Legal Education

The Internationalisation of Legal Education
Author: William van Caenegem
Publisher: Edward Elgar Publishing
Total Pages: 335
Release: 2014-08-29
Genre: Law
ISBN: 1783474548

For graduate lawyers to succeed in a global environment, legal education in every system must undergo revolutionary change. Professors van Caenegem and Hiscock explore in detail the new initiatives that are emerging as a response to this development an

Modernizing Legal Education

Modernizing Legal Education
Author: Catrina Denvir
Publisher: Cambridge University Press
Total Pages: 281
Release: 2020-01-09
Genre: Computers
ISBN: 1108475752

Discusses the skills required by future lawyers, and explores innovative and technology-driven approaches to modernising legal education.

The Impact of Common Law on the Volume of Legal Services

The Impact of Common Law on the Volume of Legal Services
Author: Enzo Dia
Publisher:
Total Pages: 42
Release: 2021
Genre: Civil law
ISBN:

We show that the heavy use of legal services relative to output in the US is not a peculiarity of the country but applies to common law countries in general. It stems largely from better ability to contract and easier access to justice. Yet in close association, common law also offers lawyers potentially more room for rent-seeking than civil law. Thereby the costs could outweigh the benefits. Both real GDP per capita and openness emerge as further factors making room for lawyers.

Re-thinking Legal Education under the Civil and Common Law

Re-thinking Legal Education under the Civil and Common Law
Author: Richard Grimes
Publisher: Routledge
Total Pages: 276
Release: 2017-07-20
Genre: Education
ISBN: 1351814583

Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too – particularly those who value a more direct engagement in their learning.

New Suits

New Suits
Author: Michele DeStefano
Publisher: Stämpfli Verlag
Total Pages: 0
Release: 2019-06-15
Genre: Political Science
ISBN: 9783727210433

"Time to Leave Law-Law Land ... and Head Back Into the Jungle" Fuelled by advancing technology, new business models, and altered client expectations, the legal industry faces unprecedented change across its entire value chain. Unfortunately, many legal professionals fear the technology train and the convergence of other fields with law. They see legaltech, AI, and bots like "lions and tigers and bears oh my." We (the curators and authors of this book) see opportunity. Although the future may require us to put on "new suits"—it represents an enormous opportunity for lawyers to reinvent ourselves for our own and our clients' benefit. Filled with chapters written by experts in the intersection of law, innovation, and technology, this book provides a global perspective on the diverse legal service delivery ecosystem that will be our future. It provides chapter upon chapter (reason upon reason) explaining why lawyers can and should increase their appetite for disruption in the legal world. So welcome to the jungle and enjoy the ride as we attempt to systematically map the uncharted waters of the future legal realm and simultaneously inspire you to build a new future in law. Endorsements "The 'Artist Formerly Known as the Legal Profession' isn't what it used to be. You think that you know law firms and the challenges that confront lawyers, but you don't. Legal services providers have spent years resisting change, and now seem determined to pack fifty- or sixty-years of evolution into five. The entire legal services market has been transformed by LegalTech, globalization, and new delivery models – and until now there has been no guide to the way that consumers can benefit and providers can profit from the changes. Guenther and Michele have gathered a Who's Who of thinkers to provide a marvellous range of visions of the way that law is changing. They provide a roadmap for the future of law – if only you'll follow it." Professor Dan Hunter PhD FAAL, Foundation Dean, Swinburne Law School "'Nomen est omen' if you read the book title of 'New Suits'. It encourages, allows and requests lawyers at all levels to rethink their former and existing ways of doing business in many areas of law. In the same, it outlines great opportunities to a new breed of experts in our profession. Thanks to the various authors, one gets a good understanding of how massive the impact of technology has become – and is going to be - to the legal services market. And the authors provide a distinct view of how a rather traditional profession will have to transform their business models to comply with the fast changes in the marketplace." Jürg Birri, Partner / Global Head of KPMG's Legal "For a while now, we have been hearing about digitization, disruption and new delivery models in the world of Big Law. "New Suits" both reassures and gives a wake-up call to all of us in the business of providing legal services. Setting out both the opportunities and the threats engendered by the dynamic change in our industry, the book is an invaluable guide to all lawyers and legal business professionals wanting some insight on the challenges facing them in a globalized and accelerating world." Dr Mattias Lichtblau, CMS "This book comes at a time where we see just the beginning of a transformational change on the legal market. While such transformation is seen as a great opportunity for those participants who endorse change and innovations, others seem to be more frightened by potential disruption of their well-established business models. The structure and comprehensive contributor listing for this book encapsulates many disparate challenges faced by almost all players on the market. The lecture of the book should give good guidance to anyone who is interested in how the legal profession is (finally) modernizing, capitalizing on technology trends and becoming more client-centric.

Liberalization of Trade in Legal Services

Liberalization of Trade in Legal Services
Author: Gilles Muller
Publisher: Kluwer Law International B.V.
Total Pages: 505
Release: 2013-08-01
Genre: Law
ISBN: 9041148795

The internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services – and focusing on barriers to cross-border legal services that result from these regulations – the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.