Self-Regulation and the Market for Legal Services

2017 ◽  
pp. 225-235
Author(s):  
Richard Moorhead
2018 ◽  
Vol 35 ◽  
pp. 149-176 ◽  
Author(s):  
Lisa Trabucco

Law societies in Canada have long been granted the privilege of self-regulation by the state – a privilege that comes with a statutory duty to govern in the public interest. There exists an access to justice crisis in this country. More must be done to address unmet legal needs. There is nothing new in this, but law societies across Canada are reluctant to implement at least one ready solution. Ontario introduced paralegal regulation over ten years ago with the promise that it would increase access to justice. Evidence suggests that it has done so. Yet no other Canadian jurisdiction is prepared to regulate paralegals as independent providers of legal services. Law societies’ continued resistance to the regulation of paralegals is contrary to the public interest. This paper argues that to alleviate the access to justice crisis, it is time to regulate paralegals.


2008 ◽  
pp. 215 ◽  
Author(s):  
Michael J. Trebilcock

The regulation of the provision of professional services should be viewed from a consumer protection or welfare rationale. The legal profession should devote fewer of its regulatory resources to input regulation and instead, focus more of its resources on output regulation. A bottom line, output-oriented regulatory regime is what the consumer welfare perspective demands. While there are numerous advantages to the self-regulation of the legal profession, this self-regulation should not be absolute. Rather than moving completely away from the notion of self-regulation or to a form of co-regulation, the current regulatory regime should be tempered with appropriate public accountability mechanisms.


2011 ◽  
Vol 59 (4) ◽  
pp. 507-529 ◽  
Author(s):  
John Flood

The size and scope of global law firms has made them difficult to encompass within a single regulatory jurisdiction. As the UK government sought to take control of the legal profession and market by removing self-regulation and introducing external regulation under the Legal Services Act, the large law firms were able to countermand the new regime. Through a combination of associations like CityUK, the City of London Law Society, as well as through individual firms, large law firms lobbied successfully to reinstate a new form of self-regulation known as AIR. The elites of the legal profession constructed a new logic of professionalism that accorded with the firms’ ideologies and government’s market-oriented objectives. Further attempts to consolidate their position at the EU and at the GATS levels are still in negotiation. Despite the legal market shifting to a more diffuse combination of actors, of which lawyers are only a segment, elite law firms have apparently strengthened their hold.


Legal Studies ◽  
2010 ◽  
Vol 30 (2) ◽  
pp. 186-207 ◽  
Author(s):  
Robert G Lee

The usual excuse for regulation is the failure of market provision. This paper examines legal services and suggests that, in the case of provision of commercial legal services to corporate clients, true events of market failure, to support the case for regulation, and more particularly self-regulation, are hard to locate. It further argues that the market for legal services is heavily stratified with a commercial legal services market effectively operating quite separately to that of professional legal services for private clients. In consequence, it may be more effective and proportionate to adopt differentiated strategies of regulation. This might be achieved by shifting the focus of regulation away from the individual practitioner, as is historically the case, towards law firms as such. This simple step, it is suggested, could facilitate much greater liberalisation of the market for legal services. This proposal is explored with particular reference to freedom of services within the European single market and, as a backdrop to the paper, progress to date in facilitating cross-border legal services in Europe is reviewed.


2009 ◽  
Vol 16 (1) ◽  
pp. 28-36 ◽  
Author(s):  
Gary A. Troia

Abstract This article first provides an overview of components of self-regulation in writing and specific examples of each component are given. The remainder of the article addresses common reasons why struggling learners experience trouble with revising, followed by evidence-based practices to help students revise their papers more effectively.


2019 ◽  
Vol 33 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Elizabeth M. Stoakley ◽  
Karen J. Mathewson ◽  
Louis A. Schmidt ◽  
Kimberly A. Cote

Abstract. Resting respiratory sinus arrhythmia (RSA) is related to individual differences in waking affective style and self-regulation. However, little is known about the stability of RSA between sleep/wake stages or the relations between RSA during sleep and waking affective style. We examined resting RSA in 25 healthy undergraduates during the waking state and one night of sleep. Stability of cardiac variables across sleep/wake states was highly reliable within participants. As predicted, greater approach behavior and lower impulsivity were associated with higher RSA; these relations were evident in early night Non-REM (NREM) sleep, particularly in slow wave sleep (SWS). The current research extends previous findings by establishing stability of RSA within individuals between wake and sleep states, and by identifying SWS as an optimal period of measurement for relations between waking affective style and RSA.


2017 ◽  
Vol 31 (2) ◽  
pp. 78-89 ◽  
Author(s):  
Asmir Gračanin ◽  
Igor Kardum ◽  
Jasna Hudek-Knežević

Abstract. The neurovisceral integration model proposes that different forms of self-regulation, including the emotional suppression, are characterized by the activation of neural network whose workings are also reflected in respiratory sinus arrhythmia (RSA). However, most of the previous studies failed to observe theoretically expected increases in RSA during emotional suppression. Even when such effects were observed, it was not clear whether they resulted from specific task demands, a decrease in muscle activity, or they were the consequence of more specific self-control processes. We investigated the relation between habitual or trait-like suppression, spontaneous, and instructed suppression with changes in RSA during negative emotion experience. A modest positive correlation between spontaneous situational and habitual suppression was observed across two experimental tasks. Furthermore, the results showed greater RSA increase among participants who experienced higher negative affect (NA) increase and reported higher spontaneous suppression than among those with higher NA increase and lower spontaneous suppression. Importantly, this effect was independent from the habitual suppression and observable facial expressions. The results of the additional task based on experimental manipulation, rather than spontaneous use of situational suppression, indicated a similar relation between suppression and RSA. Our results consistently demonstrate that emotional suppression, especially its self-regulation component, is followed by the increase in parasympathetic activity.


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