Legal Services Regulation at the Crossroads

Legal Services Regulation at the Crossroads
Author: Noel Semple
Publisher: Edward Elgar Publishing
Total Pages: 329
Release: 2015-02-27
Genre: Law
ISBN: 1784711667

Who should be allowed to provide legal services to others? What characteristics must these services possess? Through a comparative study of English-speaking jurisdictions, this book illuminates the policy choices involved in legal services regulation a

Legal Services Regulation at the Crossroads

Legal Services Regulation at the Crossroads
Author: Noel Semple
Publisher:
Total Pages: 0
Release: 2015
Genre: Legal services
ISBN: 9781784711658

Through a comparative study of English-speaking jurisdictions, this book seeks to illuminate the policy choices involved in legal services regulation as well as the important consequences of those choices. Regulation can protect the interests of clients and the public, and reinforce the rule of law. On the other hand, legal services regulation can also undermine access to justice and suppress innovation, while failing to accomplish any of its lofty ambitions. The book seeks a path forward to increasing regulation's benefits and reducing its burdens for clients and for the public. It proposes a client-centric approach to enhance access to justice and service quality, while revitalizing legal professionalism, self-regulation, and independence.

International Perspectives on the Regulation of Lawyers and Legal Services

International Perspectives on the Regulation of Lawyers and Legal Services
Author: Andrew Boon
Publisher: Bloomsbury Publishing
Total Pages: 309
Release: 2017-11-30
Genre: Law
ISBN: 1509905189

This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.

Democratizing Legal Services

Democratizing Legal Services
Author: Laura Snyder
Publisher: Lexington Books
Total Pages: 341
Release: 2016-10-11
Genre: Law
ISBN: 1498529801

We live in a “law-thick” world. For individuals and organizations in both the public and private sectors, navigating the large number of complex laws, rules, institutions, and procedures that pervade American life is virtually impossible without some assistance. Some argue that "there are too many lawyers." Others argue that the unmet need for legal services is so high that it constitutes a human rights crisis. This book exposes why it is easy to access legal services for some, while it is virtually impossible for others, and why some lawyers have successful careers, but others cannot. This book argues that the problems plaguing legal services in the US can be only be addressed by a radical overhaul of the rules that govern how legal services may be delivered, as well as radical changes to who exercises the power to make those rules. Through interviews with those with experience with alternative legal service providers, this book exposes the formidable obstacles that exist along the path to those changes, as well as the opportunities that await. More information can be found at: www.notjustforlawyers.com

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.

The Public International Law of Trade in Legal Services

The Public International Law of Trade in Legal Services
Author: David Collins
Publisher: Cambridge University Press
Total Pages: 277
Release: 2018-11-08
Genre: Law
ISBN: 1108530397

This book examines the international legal regime covering trade in legal services. While legal services are a vital component of the economies of many developed and emerging countries, they remain poorly liberalized with numerous restrictions undermining market access for foreign suppliers. Although some modern bilateral and regional trade agreements have begun to address barriers to trade in legal services, few go beyond the basic commitments of non-discrimination and transparency contained in the WTO GATS. This book approaches the pressing need to open the global market for trade in legal services across the four modes of supply: cross border, consumption abroad, commercial presence and temporary movement of natural persons. It considers changes under way within the legal profession brought about by alternative business structures and technology. Both underscore the importance of reconceptualizing trade in legal services as one that should be as open as possible with a view to maximizing competition while safeguarding the needs of clients.

Paradoxes of Professional Regulation

Paradoxes of Professional Regulation
Author: Michael J. Trebilcock
Publisher: University of Toronto Press
Total Pages: 134
Release: 2022-03-01
Genre: Law
ISBN: 1487543050

Occupational licensure, including regulation of the professions, dates back to the medieval period. While the guilds that performed this regulatory function have long since vanished, professional regulation continues to this day. For instance, in the United States, 22 per cent of American workers must hold licenses simply to do their jobs. While long-established professions have more settled regulatory paradigms, the case studies in Paradoxes of Professional Regulation explore other professions, taking note of incompetent services and the serious risks they pose to the physical, mental, or emotional health, financial well-being, or legal status of uninformed consumers. Michael J. Trebilcock examines five case studies of the regulation of diverse professions, including alternative medicine, mental health care provision, financial planning, immigration consulting, and legal services. Noting the widely divergent approaches to the regulation of the same professions across different jurisdictions – paradoxes of professional regulation – the book is an attempt to develop a set of regulatory principles for the future. In its comparative approach, Paradoxes of Professional Regulation gets at the heart of the tensions influencing the regulatory landscape, and works toward practical lessons for bringing greater coherence to the way in which professions are regulated.

Ombudsmen at the Crossroads

Ombudsmen at the Crossroads
Author: Nick O'Brien
Publisher: Springer
Total Pages: 119
Release: 2017-01-23
Genre: Political Science
ISBN: 1137584467

This book charts the evolution of the Legal Services Ombudsman for England and Wales. Established in 1990, it had a statutory remit that explicitly recognized its dual responsibility for consumer dispute resolution and democratic accountability. It was replaced in 2010 by a very different type of ombudsman institution. The book describes how the Ombudsman reconciled its different roles and how far it succeeded in changing the mentality of the legal profession. The authors relate the Ombudsman’s successes and failures to current debates facing the ombudsman and regulatory community, and highlight the continuing potential of the ombudsman institution. The ombudsman institution emerges as a ‘third way’ between the courts and various forms of alternative dispute resolution, and as a creative and democratic means of responding to public grievance.

The Justice Crisis

The Justice Crisis
Author: Trevor C.W. Farrow
Publisher: UBC Press
Total Pages: 369
Release: 2020-09-01
Genre: Law
ISBN: 0774863609

Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.