Modernizing Legal Services in Common Law Countries (eBook)

Will the US Be Left Behind?

Laura Snyder (Autor)

eBook Download: EPUB

2017
384 Seiten
Lexington Books (Verlag)
978-1-4985-3007-1 (ISBN)

Infos

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.

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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-regulationor notdoes 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 moreand betterregulation that is financed publicly through equitable, progressive revenue sources.

Autor

Laura Snyder has been a lawyer, both in law firms and as in-house counsel, for over twenty years. She received her JD from the University of Illinois, a DEA from the University of Paris I, and a TRIUM Executive MBA.

Inhalt

8 In this Corner: Queensland et. al. 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

Produkt-Details

• Erscheint lt. Verlag: 7.8.2017
• Zusatzinfo: 11 Illustrations including: - 3 Black & White Illustrations; - 8 Tables.
• Sprache: englisch
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Berufs-/Gebührenrecht
• Themenwelt: Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung
• Schlagworte: Alternative business structures • American Bar Association • Compliance-based regulation • Entity regulation • Justice • Lawyer monopoly • legal services • Legal Studies • Privatization • Proactive management based regulation • Regulatory Competition
• ISBN-10: 1-4985-3007-9 / 1498530079
• ISBN-13: 978-1-4985-3007-1 / 9781498530071