International Perspectives on the Regulation of Lawyers and Legal Services

Description

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. Preface Acknowledgements Contents List of Contributors 1. The Regulation of Lawyers and Legal Services I. Introduction II. Why Regulate Legal Services? III. The Rule of Law, Lawyers and Independent Legal Professions IV. Models for Regulating Legal Services V. The Reform Agenda VI. International Perspectives VII. Conclusion Appendix 2. The United States of America: Legal Services Regulation in the United States—A Tale of Two Models I. Introduction II. A Brief History of Regulation of Lawyers in America III. The Current Structure of Lawyer Regulation in the United States IV. Problems in the Current Regulatory Structure V. Directions of Change VI. Conclusion 3. Singapore: Regulating Domestic and Foreign Lawyers—Singapore's Unified Approach I. Introduction II. Approaches to Regulating Foreign Lawyers III. The Singapore Approach IV. Conclusion 4. Eire: The Lawyers of the Celtic Phoenix I. Introduction II. The Origins of the Legal Services Regulation Act 2015 III. The Regulatory Framework before the Enactment of the LSRA 2015 IV. The Legal Services Regulation Act 2015 V. The Impact of the LSRA 2015 on the Regulation of the Irish Legal Profession VI. Conclusion 5. Canada: Legal Services Regulation in Canada: Plus Ça Change? I. Introduction II. Governance and the Role of the State III. Professional Licensing and Occupational (Dis)Unity IV. Insulating Rules and Alternative Business Structures V. Regulatory Focus: Entity Regulation and Proactivity VI. Conclusion 6. New Zealand: Finding the Balance between Self-Regulation and Government Oversight I. Introduction II. The Current Regulatory Framework for Lawyers III. Upholding the Rule of Law IV. Protection of the Public V. Conclusion 7. Israel: Regulation of Lawyers and Legal Services in Israel I. Introduction II. Reasons for Maintaining the Bar's Special Status and Powers III. The Evolution of Self-Regulation IV. The Public Committee to Examine the Israeli Bar and Subsequent Changes in the IBA Act V. Control over Entry: Internship and Licensing VI. Autonomous Disciplinary System VII. Monopolisation of the Legal Services Market VIII. Conclusion 8. Australia: Legal Services Regulation in Australia—Innovative Co-regulation I. Introduction II. A Brief History of the Australian Lawyer in Australia III. The Current Structure of Lawyer Regulation in Australia IV. Problems in the Current Regulatory Structure V. The Rule of Law and Lawyers' Role in Addressing Decreasing Access to Justice VI. Conclusion 9. Germany: The Constitutional Court as the Driver of Change in the Regulation of Legal Professions I. Introduction II. The Constitutional Court (Bundesverfassungsgericht) III. Regulation of Legal Services IV. Regulation of Legal Service Providers V. Conclusion 10. England and Wales: Cocktails of Logics—Reform of Legal Services Regulation in England and Wales I. Introduction II. The Legal Services Act 2007: A Jackhammer? III. Regulatory Strategy: A Few Fuzzy Logics IV. Conclusion: Four Horsemen? 11. Innovation and Change in the Regulation of Legal Services I. Introduction II. Drivers of and Brakes on Regulatory Change III. Evaluating Regulatory Change IV. Independent Legal Professions and the Rule of Law V. Emerging Regulatory Practice VI. Conclusion Index