Regulating Lawyers Through Disciplinary Systems

Kay-Wah Chan, Judith A McMorrow, Avrom Sherr, Kay-Wah Chan, Judith A McMorrow, Avrom Sherr

• Publisher: Routledge
• Year: 2023
• ISBN:
  9781003827276
• Edition: 1
• Topic: Diritto
• Subtopic: Etica e responsabilità professionale nel diritto

This book offers comparative analyses on issues in lawyer regulation in England and Wales, Japan, Myanmar, New Zealand and Singapore.

It examines the lawyer disciplinary systems in different jurisdictions through diverse and comparative perspectives. In addition to enriching the literature on legal ethics, contributions also highlight areas for future research regarding the legal and other professions in different jurisdictions and the methodologies that may be applied. Chapters examine common issues faced by lawyer disciplinary systems throughout the world, such as:

• transparency of regulatory outcomes, which varies widely and provides challenges to assessing the effectiveness of lawyer regulatory systems
• whether systems tilt too much toward protecting lawyers and if a move from self-regulation to independent regulators yields better outcomes
• changes in demographics of the legal profession and regulatory changes posing challenges in longitudinal studies of regulatory systems
• disciplining of repeat actors raising questions of the deterrence goals of a regulatory system
• deviation of systems that maintain tight state control over the legal profession from both United Nations and other international norms for lawyer discipline
• the role of pro bono obligations and the discourse around legal ethics

Regulating Lawyers Through Disciplinary Systems will be an invaluable resource for scholars, practitioners and regulators of the legal profession, while also appealing to those interested in legal and other professional ethics. This book was originally published as a special issue of the International Journal of the Legal Profession.

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Contents
• Citation Information
• Notes on Contributors
• Introduction
• 1 “Trusted to the ends of the earth?” An analysis of solicitors’ disciplinary processes in England and Wales from 1994 to 2015
• 2 Disciplining legal practitioners in New Zealand
• 3 The nature of the disciplinary system over Myanmar lawyers: differences from international standards and implications for international legal transplants
• 4 Evaluating the effectiveness of the lawyer disciplinary system in Japan: a study on “repeaters”
• 5 Managing discourse about lawyers: pro bono and professional misconduct
• Index