Lawyer Disciplinary Processes: An Empirical Study of Solicitors’ Misconduct Cases in England and Wales in 2015

The Legal Services Act 2007 effected major changes in the disciplinary system for solicitors in England Wales. Both the practice regulator, the Solicitors Regulation Authority, and a disciplinary body, the Solicitors Disciplinary Tribunal, were reconstituted as independent bodies and given new powers. Our concern is the impact of the Act on the disciplinary system for solicitors. Examination of this issue involves consideration of changes to regulatory institutions and the mechanics of practice regulation. Drawing on Foucault’s notion of governmentality, empirical evidence drawn from disciplinary cases handled by the SDT and the SRA in 2015 is used to explore potentially different conceptions of discipline informing the work of the regulatory institutions. The conclusion considers the implications of our findings for the future of the professional disciplinary system

An Explosion of Legal Philanthropy? The Transformation of Pro Bono Legal Services in England and Wales

This chapter considers the evolution of legal services pro bono publico (pro bono) in England and Wales. Since the medieval period there have been significant changes in patterns of pro bono delivery. This transformation has occurred in a number of different phases, with a significant period of development occurring in the 1990s. In the present day there has been an expansion of pro bono services to such an extent that their value rivals the provision of civil legal aid. This has been achieved with significant changes in the architecture of delivery and the typology of services delivered. The chapter considers whether the distinct phases in the development of the pro bono culture of the legal profession suggests a rupture in the genealogy of pro bono. It explains how the current phase is unlike any of its predecessors, characterised as it is by a marked increase in levels of pro bono activity, arguably fuelled by the growth in pro bono infrastructure and more positive culture of pro bono which this engendered. The chapter’s analysis concludes there is a new culture of lawyer pro bono in England and Wales, with an innovatory infrastructure and broader engagement from major players in the field of la

An explosion of legal philanthropy?: The transformation of pro bono legal services in England and Wales

A tradition of pro bono publico legal work (hereafter “pro bono”) existed in England and Wales for centuries and was adopted, along with many other traditions, in the legal systems of British colonies. The questions we address here are how pro bono legal services in the jurisdiction have changed and why. In considering these questions, we are concerned with the infrastructure of provision (the architecture of pro bono), the volumes and nature of work performed (the typology of pro bono), and the causative factors underlying current patterns (the genealogy of pro bono). The answers to our research questions are relevant to understanding the significance of pro bono services. This will assist with practical issues, such as the reliability of pro bono provision in supporting access to justice, and theoretical issues, such as the significance of pro bono to legal professionalism

Statutory protection of freshwater flora and fauna

The aim of this paper is to summarize the present legislation aimed at protecting freshwater species in Britain, and briefly to review its effectiveness. Some areas have been deliberately omitted, such as fisheries legislation designed to conserve stocks, and the statutory protection of birds associated with fresh waters which forms a large subject area in its own right

Understanding lawyer default in England and Wales: An analysis of insurance and complaints data

In England and Wales the arrangements for compensating victims of lawyer default, fraud, incompetence and misconduct, are extensive. Solicitors, the largest profession, maintain a compensation fund. Both solicitors and barristers require practitioners to carry professional indemnity insurance covering liability to clients. An agency deals with complaints about all regulated lawyers. This article outlines the jurisdictions dealing with lawyer default and the mechanisms for delivering compensation. It uses publicly available data generated by insurance claims and complaints to identify the causes of lawyer default. It analyses the volume and value of claims, the incidence of liability by areas of work and by different types of complaint. The article concludes by considering the relevance of, and current limitations of, default data in understanding lawyer default and in shaping regulatory policy

Regulation and discipline

This chapter explores the regulation of legal professions. It looks at different theories of regulation before outlining the argument for self-regulation of legal services providers. It then considers ways in which future practitioners are prepared to make ethical choices by legal education and training. It also outlines the regulatory mechanisms used and the place of codes of conduct in ensuring ethical performance. The chapter concludes by outlining the change in regulatory philosophy prompted by the Legal Services Act 2007. Traditional methods of regulation are juxtaposed with the regulatory regimes beginning to emerge in response to the Act

Professionalism under the Legal Services Act 2007

The Legal Services Act 2007 represents an ambitious attempt to reconcile consumerism and professionalism. The Act created a Legal Services Board to oversee the regulation of the legal services market in England and Wales. The Board was also placed under a duty to promote consumer interests and to encourage an independent, strong, diverse and effective legal profession and to promote professional principles. The article examines the actual and prospective impacts of the Act on the legal professions, professional work, the regulatory system, regulatory method, professional ethics and legal education. It identifies threats posed to traditional conceptions of legal professionalism by the new regime and suggests ways that they might be mitigated

Innovation and change in the regulation of legal services

A number of issues face legal services regulation in leading jurisdictions. Among the most salient are the following: — What are the main contributing factors to regulatory change in the subject jurisdictions and what factors tend to impede change ? — Are there common themes in jurisdictional responses ? — Does the pattern and extent of change represent a paradigmatic shift ? — What are the implications for the future regulation of lawyers and legal services ? The chapter is structured around these themes. It uses the evidence from the countries and jurisdictions that are the subject of this book to explore the forces behind regulatory change, its current direction and emerging practice. The broad conclusion is that various pressures for regulatory reform may cause legal professionalism to finally fail. This may not result from a single change but as a result of an accumulation of regulatory innovations. These may lead to a transition to a different regulatory logic for managing legal services. Strategies that may assist legal professions in avoiding this fate are outlined. Except as otherwise stated, references to authors, countries and jurisdictions in this chapter are references to the material in this book