Modernizing Legal Services in Common Law Countries

Will the US Be Left Behind?

Inbunden, Engelska, 2017

1 739 kr

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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.

Produktinformation

Utgivningsdatum2017-08-07
Mått157 x 240 x 34 mm
Vikt753 g
FormatInbunden
SpråkEngelska
Antal sidor384
FörlagBloomsbury Publishing Plc
ISBN9781498530064

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Juristyrken inom Juridik
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1 Good Regulation: What it Takes 2 The Regulation of Legal Services 3 A Great Big Mess 4 The Seismic Shift (with Survivors) 5 Aftershocks on their Way? 6 Assessment 7 It’s Easy to Forget Australia was First 8 In this Corner: Queensland et. al. 9 And in this Corner: New South Wales and Victoria10A Complex Regulatory Environment…where ILPs are just Part of the Landscape 11Assessment 12 Nova Scotia: The Road is Made by Walking 13 Manitoba (and the Other Prairie Provinces): An Intimate Connection 14 British Columbia: ABS? Who Said ABS? 15 Ontario: A False Start but on its Way 16 Canadian Bar Association: Creating the Future 17 The Continuing Path of Revolution 18 Assessment 19 There was a Time before Model Rule 5.4 20 Indestructible Model Rule 5.4 21 The Two Commissions: Different or the Same? 22 The Outliers: Washington DC, Colorado and Illinois 23 Effect of Model Rule 5.4 and the Current Regulatory Framework 24 Assessment 25 Final Assessment 26 How to Modernize a Regulatory Environment 27 Rules for a Flat World (or Regulatory Dystopia) Appendix The Modern (or Modernizing) Regulator: First-Hand Insight

Laura Snyder’s Modernizing Legal Services in Common Law Countries is a major step forward for legal services regulation scholarship. Snyder offers a sophisticated, comprehensive comparison of regulatory structures and reform in England & Wales, Australia, Canada, and the United States. The book draws on an enormous wealth of primary and secondary research. It also offers a compelling vision for fostering access to justice and professionalism through regulatory reform. This highly recommended book will prove a valuable resource for all scholars and practitioners of legal services regulation, as well as anyone who wants to improve the practice of law.