reform in a cold climate: remodelling the regulation of legal services in ireland colin scott ucd...

Reform in a Cold Climate: Remodelling the Regulation of Legal Services in Ireland

Colin Scott

UCD College of Social Sciences and Law

Coláiste na nEolaíochtaí Sóisialta agus an DlíCollege of Social Sciences and Law

Authorized Revolution: Regulatory Disruption of the Legal Services MarketGeorgetown University Law Center, 24th April 2015


Meta-Regulation

Mandated Self-

Regulation

Self-Regulation

Mega-Regulation

Reforming Legal ServicesRegulation:A Pyramid of Technique

Adapted from Ayres and Braithwaite Responsive Regulation (1992)

Balance of Professionaland State Responsibilityfor Legal Services Regulation


Bar Council

Barristers

Protected Class

Pure Self Regulation

Version A:ReactiveAdjudicatescomplaints

Version B:ProactiveMonitorsEnforces

Sets Norms

complains

Analysis• Low Cost, Expert• BUT, risk that professional

interests placed above public interest

•Lacks Transparency


Minister

Law Society of Ireland

Solicitors

Protected Class

Mandated Self Regulation

Sets Norms

Legislature

Version A:‘Supplies LegislativeFramework’

Version B: ‘Shadow of Hierarchy’

complains

Version A:ReactiveAdjudicatescomplaints

Version B:ProactiveMonitorsEnforces

Analysis• Low cost, expert• Modest political investment• May be challenging to align

industry and public interest


A Challenging and Changing ContextA Challenging and Changing Context


Law Society of Ireland unveils new brand

The Law Society of Ireland is today (4 July 2014) launching its new logo, visual identity and tone of voice guidelines, marking a significant step in implementing the recommendations of the Future of the Law Society Task Force report.


Competition Authority 2006 Report

Legal profession ‘permeated with unnecessary and disproportionaterestrictions on competition’


Competition Authority 2006 Recommendations

• Separation of regulatory and representative roles of Bar Council and Law Society

• Ending of Law Society and King’s Inns role in settingstandards for provision of professional education

• Permit barristers to act in partnerships• Establishment of independent Legal Services Commission

• approval for professional training for solicitors and barristers• approval of professional codes of conduct• making of regulations for the profession• undertake research into such issues as alternative business

structures• End restrictions on solicitors as advocates in court


ReformEU/IMF Aid Package , December 2010, commitment ‘...to introduce legislative changes to remove restrictions to trade and competition in sheltered sectors including...establishing an independent regulator for the [legal] profession...’ (p9).(by 2011 Q3)

Infringement proceedings for failure to implement Services Directive 2006 Art 24, April ‘15


Legal Service Regulation Bill, October 2011

‘The Irish legal system will be comparable to that of countries like China, Gambia or Vietnam ifthe Legal Services Regulation Bill is passed unchanged,according to the director of the IBA…’

At Dublin Seminar with Presidents of ABA and CCBE

‘All three warned independence will be compromisedif the proposed Bill, published in October, is enacted as it stands. This will place Ireland outside the norms of developed democratic states, they said.’

Irish Times 8 December 2011


Legal Services Regulation Bill 2011(amended)

Cl 12 (4) The Authority shall, in performing its functions of the regulation of the provision of legal services under this Act, have regard to the objectives of—

(a) protecting and promoting the public interest,(b) supporting the proper and effective administration of justice,(c) protecting and promoting the interests of consumers relating to the provision of legal services,(d) promoting competition in the provision of legal services in the State,(e) encouraging an independent, strong and effective legal profession,


Legal Services Regulation Bill, Meta-and Mega-Regulation

Legal Services Regulatory Authority

Minister/Government

Law SocietyLaw Society

Bar CouncilBar Council

Solicitors

Barristers

1. Appoint/remove members, (stakeholder nominations) chief executive,

2. Remove members (on stated grounds)

3. Direct issue of codes4. Consent to issue of

Codes5. Provide funds6. Request reports7. Consent to Regulations

1. Approve codes2. Review: a. admissions standards,b. professional education &training

UniversityLaw Schools

Revieweducation& training

1. Inform 2. Submit strategic plans & annual

reports3. Reports on:

a. Education and training (2 years) b. Unification (4 years)

c. MDPs (6 months)

1. Issue codes, 2. Make regulations (accounts,

complaints, advertising, etc)

3. Supervision of accounts,4. Inspection,5. Charge Fees,6. Investigate complaints,7. Initiate investigations,8. Apply to Disciplinary

Tribunal,9. Apply for court orders,10. Prosecute

Regulation/Representation

King’sInnsKing’sInns


Completion of Lower House Process, 22nd April 2015

New amendments •to strengthen the regulatory powers of the new LSRA•Legal partnerships will be subject to a public consultation process•provision will now be made to conduct detailed research on the likely effects of MDPs Further significant amendment at Seanad Stages•Inspections and complaints; •the Legal Practitioners’ Disciplinary Tribunal;•Limited Liability Partnerships, •etc


Conclusion• Legal Profession very hostile to reforms

• Crystallised government preference for Mega-

• Are reforms coherent enough to provide model for E&W Reforms?

•

reform in a cold climate: remodelling the regulation of legal services in ireland colin scott ucd...

Documents

law slide

law law society of ireland

law meta regulation

law competition authority

regulation of legal

competition slide

law bar council barristers

law society task force