scholarly journals Regulating the Market for Legal Services

2008 ◽  
pp. 215 ◽  
Author(s):  
Michael J. Trebilcock
Keyword(s):  
Consumer Protection ◽  
Self Regulation ◽  
Legal Profession ◽  
Consumer Welfare ◽  
Output Regulation ◽  
Professional Services ◽  
The Self ◽  
Regulatory Regime ◽  
Legal Services ◽  
Bottom Line

The regulation of the provision of professional services should be viewed from a consumer protection or welfare rationale. The legal profession should devote fewer of its regulatory resources to input regulation and instead, focus more of its resources on output regulation. A bottom line, output-oriented regulatory regime is what the consumer welfare perspective demands. While there are numerous advantages to the self-regulation of the legal profession, this self-regulation should not be absolute. Rather than moving completely away from the notion of self-regulation or to a form of co-regulation, the current regulatory regime should be tempered with appropriate public accountability mechanisms.

The “Smart” Regulatory Framework

2014 ◽  
pp. 58-86
Keyword(s):  
Financial Market ◽  
Self Regulation ◽  
Regulatory Framework ◽  
The Self ◽  
Regulatory Regime ◽  
Theoretical Concepts ◽  
Smart Regulation ◽  
Responsive Regulation ◽  
And Control ◽  
Regulation Mode

Based on the recognition that neither the command-and-control nor the self-regulation mode based regulation can accommodate the ever growing complexity of the financial market, this chapter argues that a new regulatory regime is needed. This chapter discusses the four theoretical concepts -- governmentality, reflexivity, responsive regulation and ‘smart’ regulation – that anchor a proposed alternative “smart” regulatory framework.

scholarly journals Advertising of legal services: Perceptions of attorneys

1990 ◽  
Vol 21 (1/2) ◽  
pp. 10-16
Author(s):  
C. Boshoff
Keyword(s):  
Legal Profession ◽  
Professional Associations ◽  
Status Quo ◽  
Professional Services ◽  
Legal Services ◽  
The Status ◽  
Professional Practitioners

Professional practitioners are increasingly questioning the status quo with regard to restrictions on the advertising of professional services. It occurs against the background of developments such as deregulation and increased competition from non-professionals. Professional associations are largely uncertain how to address the issue. This study is an attempt to contribute towards the debate concerning advertising in the legal profession. It reports on a survey among 1 000 practising attorneys. The study found that attorneys are generally in favour of advertising their services, but believe that it should be conducted within the confines of certain specified guidelines.

The re-landscaping of the legal profession: Large law firms and professional re-regulation

2011 ◽  
Vol 59 (4) ◽  
pp. 507-529 ◽  
Author(s):  
John Flood
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
Law Firms ◽  
Legal Services ◽  
Legal Market ◽  
The Uk ◽  
City Of London ◽  
Global Law ◽  
The City ◽  
The Eu

The size and scope of global law firms has made them difficult to encompass within a single regulatory jurisdiction. As the UK government sought to take control of the legal profession and market by removing self-regulation and introducing external regulation under the Legal Services Act, the large law firms were able to countermand the new regime. Through a combination of associations like CityUK, the City of London Law Society, as well as through individual firms, large law firms lobbied successfully to reinstate a new form of self-regulation known as AIR. The elites of the legal profession constructed a new logic of professionalism that accorded with the firms’ ideologies and government’s market-oriented objectives. Further attempts to consolidate their position at the EU and at the GATS levels are still in negotiation. Despite the legal market shifting to a more diffuse combination of actors, of which lawyers are only a segment, elite law firms have apparently strengthened their hold.

The “Smart” Regulatory Framework

2015 ◽  
pp. 706-727
Author(s):  
Siqiwen Li
Keyword(s):  
Financial Market ◽  
Self Regulation ◽  
Regulatory Framework ◽  
The Self ◽  
Regulatory Regime ◽  
Theoretical Concepts ◽  
Smart Regulation ◽  
Responsive Regulation ◽  
And Control ◽  
Regulation Mode

Based on the recognition that neither the command-and-control nor the self-regulation mode based regulation can accommodate the ever growing complexity of the financial market, this chapter argues that a new regulatory regime is needed. This chapter discusses the four theoretical concepts -- governmentality, reflexivity, responsive regulation and ‘smart' regulation – that anchor a proposed alternative “smart” regulatory framework.

scholarly journals LA PRAXIS LEGAL Y ETICA DE LA PUBLICIDAD EN EL PERU

1995 ◽  
pp. 69-98
Author(s):  
Gabriela Bardales ◽  
◽  
Raquel Reinoso ◽  
Keyword(s):  
Consumer Protection ◽  
Self Regulation ◽  
Cultural Factors ◽  
International Standards ◽  
The Self ◽  
The Other ◽  
Advertising Regulation ◽  
General Terms ◽  
Degree Of Control

Describes and analyzes the evolution of advertising regulation in Peru between 1974 and 1994. It also examines the role of the agencies in charge of enforcing the laws related to the practice of this activity and the self-regulatory efforts made. It is concluded that the excess of nationalism reflected in the 1974 norm has been reduced twenty years later to approach the prevailing international standards in this area; also that the current advertising regulation allows the participation of citizens in defense of their rights through the supervisory body and that advertising regulation is, in general terms, less restrictive than that of other countries. It is found that the degree of control exercised over advertising is a function of a series of cultural factors and gives rise to two opposing positions: the first holds that advertising legislation is necessary for consumer protection, the other argues that self-regulation of the advertising media is sufficient and that the laws only restrict freedom of opinion.

scholarly journals Professional Services and Rural Services Poverty

2011 ◽  
Vol 16 (1) ◽  
pp. 57
Author(s):  
Paul Martin ◽  
Jacqueline Williams ◽  
Amanda Kennedy
Keyword(s):  
Social Welfare ◽  
Social Exclusion ◽  
Legal Profession ◽  
Professional Services ◽  
Legal Services ◽  
Rural People ◽  
Services Delivery ◽  
Professional Network ◽  
Rural Services ◽  
The Cost

It is a fact that rural people suffer from professional services deprivation relative to their urban counterparts. Access to legal services is one form of this deprivation. Whilst often understood as a workforce problem, the issue has broader implications for the economic and social welfare of communities and the professionals who try to serve their needs. In particular the inability to access sufficient ‘knowledge services’ lies at the heart of many problems of rural social exclusion, the cost of which falls inevitably on those who are less mobile, or less capable of securing wealth. This paper takes a systemic look at rural professional services delivery, placing legal services in their larger context as part of the (often incomplete) professional network that supports communities. It outlines the systemic problem and aspects of the specific issues for rural professional services. It presents the results from a survey and a summit organised to discuss the issues that span various professions, and outlines some of the directions that the legal profession might take.

Sign in / Sign up

Export Citation Format

Share Document