Regulation: from infection to inflection point

Here is a fascinating podcast: a conversation between Jordan Furlong (guest) and Professor Mike Madison of the University of Pittsburgh School of Law (host) on the future of law, re-regulation, access to justice, and the rule of law. Over many years, Jordan has perfected the gift of identifying nails in the legal services sector and then hitting each of them firmly on the head. This episode has a good number of those nails. In this post, I pick up on some of the themes it explores.

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Legal services regulation: turning point, or point of no return?

Earlier this month, I was invited to give the Wickwire Memorial Lecture at the Schulich School of Law at Dalhousie University in Canada. Frederick B. (Ted) Wickwire QC, a graduate of the School, was the President of the Nova Scotia Barristers’ Society. He died in office at the age of 52 in 1991.

Ted Wickwire was noted for his commitment to public service and to uncompromising professionalism. Each year, a lecture is held in his memory, focusing on an aspect of professional ethics.

It was a great honour to deliver this year’s Lecture, albeit with the constraints of virtual presence. The full text of the Lecture is available for download here.

The Lecture presented an opportunity for me to reflect on some of the underlying themes of my independent review of legal services regulation in England & Wales. In particular, I explored the emerging and increasingly uncomfortable tension between regulation and professionalism.

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IRLSR: key proposals and reactions so far

This post is the text of the opening keynote address delivered to the Westminster Legal Policy Forum on the future of legal services in England & Wales (held online on 15 September 2020). A PDF of the address is also available for download here.

Every time I looked at the draft of the final report, I would change something or elaborate on aspects of it.  It wasn’t that I had changed my mind, but that I was always trying to make my meaning and intention as clear as possible.  With the report[1] having been submitted to the Lord Chancellor and published, I am therefore content for now that the report should speak for itself – subject to one caveat that I shall return to later.

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