To what extent should the state be involved in the regulation of the legal profession
"To what extent should the state be involved with the regulation of the legal profession?"
Introduction
It is the objective of this essay to examine the extent to which the State should be involved in the regulation of the Legal Profession. I will be examining in detail the Competition Authority Report on the legal profession published in 2006, which outlines the need for reform and recommendations for this reform. Following on from this will be a discussion on the introduction of the Legal Services Bill in 2011 and how the Legal profession has adapted with State regulation. Lastly I will examine the Bar Council of Ireland’s initial submission on the Legal Services Regulation Bill and whether or not their concerns with state regulation are justified.
The regulation of a more open legal profession, greater transparency in the charging of legal costs and the removal of restrictive practices in the provision of legal services have been matters of persistent policy concern.1 In 2006 the Competition Authority proposed that the legal profession was in need of substantial reform and increased regulation.2 They were of the belief that the profession was permeated with unnecessary and disproportionate restrictions on competition which should be removed so that customers can benefit from greater competition in legal services. The main aspects which were recommended were a Legal Services Bill {a comprehensive new legislation, which would establish a new independent Legal Services Commission which would be tasked with overall responsibility for regulating the legal profession and the market for legal services}. The competition Authority, through the Legal Services Bill also sought for the removal of the Law society and Kings Inn role of setting standards for the provision of legal education. They believed that both these institutions created monopolies in this area. After the publishing of the preliminary report by the Competition Authority in 2006 the Bar council sought
Introduction
It is the objective of this essay to examine the extent to which the State should be involved in the regulation of the Legal Profession. I will be examining in detail the Competition Authority Report on the legal profession published in 2006, which outlines the need for reform and recommendations for this reform. Following on from this will be a discussion on the introduction of the Legal Services Bill in 2011 and how the Legal profession has adapted with State regulation. Lastly I will examine the Bar Council of Ireland’s initial submission on the Legal Services Regulation Bill and whether or not their concerns with state regulation are justified.
The regulation of a more open legal profession, greater transparency in the charging of legal costs and the removal of restrictive practices in the provision of legal services have been matters of persistent policy concern.1 In 2006 the Competition Authority proposed that the legal profession was in need of substantial reform and increased regulation.2 They were of the belief that the profession was permeated with unnecessary and disproportionate restrictions on competition which should be removed so that customers can benefit from greater competition in legal services. The main aspects which were recommended were a Legal Services Bill {a comprehensive new legislation, which would establish a new independent Legal Services Commission which would be tasked with overall responsibility for regulating the legal profession and the market for legal services}. The competition Authority, through the Legal Services Bill also sought for the removal of the Law society and Kings Inn role of setting standards for the provision of legal education. They believed that both these institutions created monopolies in this area. After the publishing of the preliminary report by the Competition Authority in 2006 the Bar council sought
Bibliography: Bar Council, Law Library; Initial Submission on the Legal Services Regulation Bill 2011, Competition Authority Competition in Professional Services: Solicitors & Barristers (2006) Legal Services Regulation Bill 2011