The recent announcement by the Chartered Institute of Legal Executives (CILEX), the governing body and ‘approved regulator’ for chartered legal executives, that it is contemplating moving its delegated regulatory authority from CILEX Regulation to the Solicitors Regulation Authority (SRA) has understandably caused a stir. The response of CILEX Regulation (the current delegated regulatory body) that CILEX has no power to do this has resulted in the episode being described as a public spat. But a spat is usually something that is brief and about an issue that is petty or not that important. This quarrel is none of those things, and so it matters. Continue reading
Tag Archives: regulatory reform
Misperceptions of ‘deregulation’
Last month, Boston Consulting Group published a report that claimed to assess the effects of deregulating legal services in England & Wales, as driven by the Legal Services Act 2007. The analysis and conclusions are, to put it at its best, disappointing. I am grateful to have been spared the need to offer a detailed review, thanks to this informed critique of the report by Alison Hook.
In the interests of full disclosure, I should note that the report’s authors based some of their work on my independent review (Legal Services Reform: Regulation Beyond the Echo Chambers, published last year). However, having done so, their report could encourage others to take my principal conclusion – that further reform is needed – and, contrary to my intention, use it to amplify the echo within the chambers of my title.Continue reading
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.Continue reading