Are Lawyers Regulatable?
AbstractThere is a long-standing debate surrounding whether the legal profession can be regulated, and if it can, to what degree self-regulation or co-regulation would be appropriate. This article focuses on the obstacles facing the regulation of the legal profession, such as: the nature of lawyers themselves and the types of services they provide; drafting challenges and the influence of lawyers on rule-making; self-governance; self-discipline; and reporting or enforcement challenges. The author suggests that these barriers may lead to ineffective regulation regardless of which model of regulation is used.
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