*/
“A rational approach” to regulation of the legal profession was called for by the President of the Supreme Court, Lord Neuberger of Abbotsbury, in a speech to the Bar Councils of Northern Ireland and Ireland on 20 June.
Hoping for regulation that will “become more realistic and less expensive”, he suggested a “single regulatory body for legal services with a number of discrete divisions: litigation, advocacy and advisory”.
This may “provide further impetus towards a de facto fusion of the legal profession” and although he would “regret” fusion, neither was he speaking against it. “A fearless, independent and outspoken group of specialist advocates can exist and thrive perfectly well within a larger, single legal profession,” he said. The Association of Trial Lawyers of America “is every bit as effective as the Bar Council in England”.
Lawyers “must ensure that their services are provided as cheaply as is consistent with their other duties – at least when they are acting for ordinary people whether or not they are relying on government funding”.
Lawyers and judges must always stand up for “an irreducible acceptable minimum of competence” and he had further advice for both. “If I ever had a mission statement for the Supreme Court, which I certainly will not, it would be to ensure that the law was as simple, as clear and as principled as possible.” Appellate advocates have a role here too: shorter written cases and more focused oral submissions.
In contrast, Bar Standards Board Chair Baroness Deech argued the case for specialist regulation in a speech to the International Legal Regulators Conference on 8 July: “A glance at the study of the financial market and its collapse, or at health care, shows only too clearly that the small expert regulator is now seen as doing a better job.”
By the time a super-regulator was set up, which “would immediately [require] three subcommittees – one for advocacy, one for litigation, one for transactions... the expertise and familiarity of the existing regulators would have been lost, with consequent risk to... international reputation,” she added.
This may “provide further impetus towards a de facto fusion of the legal profession” and although he would “regret” fusion, neither was he speaking against it. “A fearless, independent and outspoken group of specialist advocates can exist and thrive perfectly well within a larger, single legal profession,” he said. The Association of Trial Lawyers of America “is every bit as effective as the Bar Council in England”.
Lawyers “must ensure that their services are provided as cheaply as is consistent with their other duties – at least when they are acting for ordinary people whether or not they are relying on government funding”.
Lawyers and judges must always stand up for “an irreducible acceptable minimum of competence” and he had further advice for both. “If I ever had a mission statement for the Supreme Court, which I certainly will not, it would be to ensure that the law was as simple, as clear and as principled as possible.” Appellate advocates have a role here too: shorter written cases and more focused oral submissions.
In contrast, Bar Standards Board Chair Baroness Deech argued the case for specialist regulation in a speech to the International Legal Regulators Conference on 8 July: “A glance at the study of the financial market and its collapse, or at health care, shows only too clearly that the small expert regulator is now seen as doing a better job.”
By the time a super-regulator was set up, which “would immediately [require] three subcommittees – one for advocacy, one for litigation, one for transactions... the expertise and familiarity of the existing regulators would have been lost, with consequent risk to... international reputation,” she added.
“A rational approach” to regulation of the legal profession was called for by the President of the Supreme Court, Lord Neuberger of Abbotsbury, in a speech to the Bar Councils of Northern Ireland and Ireland on 20 June.
Hoping for regulation that will “become more realistic and less expensive”, he suggested a “single regulatory body for legal services with a number of discrete divisions: litigation, advocacy and advisory”.
Chair of the Bar Sam Townend KC highlights some of the key achievements at the Bar Council this year
Louise Crush of Westgate Wealth Management highlights some of the ways you can cut your IHT bill
Rachel Davenport breaks down everything you need to know about AlphaBiolabs’ industry-leading laboratory testing services for legal matters
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
By Kem Kemal of Henry Dannell
Mark Neale, Director General of the Bar Standards Board, offers an update on the Equality Rules consultation
Joanna Hardy-Susskind speaks to those walking away from the criminal Bar
Imposing a professional obligation to act in a way that advances equality, diversity and inclusion is the wrong way to achieve this ambition, says Nick Vineall KC
Tom Cosgrove KC looks at the government’s radical planning reform and the opportunities and challenges ahead for practitioners
By Ashley Friday of AlphaBiolabs
