1. Colin Scott UCD College of Social Sciences and Law
Coláiste na nEolaíochtaí Sóisialta agus an Dlí
College of Social Sciences and Law
Reform in a Cold Climate: Remodelling the Regulation of Legal Services in Ireland
Colin Scott
UCD College of Social Sciences and Law
Authorized Revolution: Regulatory Disruption of the Legal Services Market
Georgetown University Law Center, 24th April 2015

2. Mandated Self-Regulation
Reforming Legal Services
Regulation:
A Pyramid of Technique
Meta-
Regulation
Mandated Self-Regulation
Self-Regulation
Mega-Regulation
Balance of Professional
and State Responsibility
for Legal Services
Regulation
Adapted from Ayres and Braithwaite Responsive Regulation (1992)

3. Pure Self Regulation Analysis Low Cost, Expert
BUT, risk that professional
interests placed above
public interest
Lacks Transparency
Pure Self Regulation
Bar Council
Sets Norms
Version A:
Reactive
Adjudicates
complaints
Version B:
Proactive
Monitors
Enforces
complains
Barristers
Protected Class

4. Mandated Self Regulation
Analysis
Low cost, expert
Modest political investment
May be challenging to align
industry and public interest
Mandated Self Regulation
Legislature
Minister
Version B: ‘Shadow of Hierarchy’
Version A:‘Supplies
LegislativeFramework’
Law Society of Ireland
Sets Norms
Version A:
Reactive
Adjudicates
complaints
Version B:
Proactive
Monitors
Enforces
complains
Solicitors
Protected Class

5. A Challenging and Changing Context

6. Law Society of Ireland unveils new brand
The Law Society of Ireland is today (4 July 2014) launching its new logo, visual identity and tone of voice guidelines, marking a significant step in implementing the recommendations of the Future of the Law Society Task Force report.

7. Competition Authority 2006 Report
Legal profession ‘permeated
with unnecessary and
disproportionate
restrictions on competition’

8. Competition Authority 2006 Recommendations
Separation of regulatory and representative roles of Bar Council
and Law Society
Ending of Law Society and King’s Inns role in setting
standards for provision of professional education
Permit barristers to act in partnerships
Establishment of independent Legal Services Commission
approval for professional training for solicitors and barristers
approval of professional codes of conduct
making of regulations for the profession
undertake research into such issues as alternative business
structures
End restrictions on solicitors as advocates in court

10. Reform EU/IMF Aid Package , December 2010, commitment
‘...to introduce legislative changes to remove restrictions to trade and competition in sheltered sectors including...establishing an independent regulator for the [legal] profession...’ (p9).
(by 2011 Q3)
Infringement proceedings for failure to implement Services Directive 2006 Art 24, April ‘15

11. Legal Service Regulation Bill, October 2011
‘The Irish legal system will be comparable to that
of countries like China, Gambia or Vietnam if
the Legal Services Regulation Bill is passed unchanged,
according to the director of the IBA…’
At Dublin Seminar with Presidents of ABA and CCBE
‘All three warned independence will be compromised
if the proposed Bill, published in October, is enacted
as it stands. This will place Ireland outside the
norms of developed democratic states, they said.’
Irish Times 8 December 2011

12. Legal Services Regulation Bill 2011 (amended)
Cl 12 (4) The Authority shall, in performing its functions of the regulation of the provision of legal services under this Act, have regard to the objectives of—
(a) protecting and promoting the public interest,
(b) supporting the proper and effective administration of justice,
(c) protecting and promoting the interests of consumers relating to the provision of legal services,
(d) promoting competition in the provision of legal services in the State,
(e) encouraging an independent, strong and effective legal profession,

13. Legal Services Regulation Bill, Meta-and Mega-Regulation
Appoint/remove members, (stakeholder nominations) chief executive,
Remove members (on stated grounds)
Direct issue of codes
Consent to issue of Codes
Provide funds
Request reports
Consent to Regulations
Issue codes,
Make regulations (accounts, complaints, advertising, etc)
Supervision of accounts,
Inspection,
Charge Fees,
Investigate complaints,
Initiate investigations,
Apply to Disciplinary Tribunal,
Apply for court orders,
Prosecute
Legal Services Regulatory Authority
Minister/
Government
Barristers
Solicitors
Inform
Submit strategic plans & annual reports
Reports on:
a. Education and training (2 years)
b. Unification (4 years)
c. MDPs (6 months)
1. Approve codes
2. Review:
a. admissions
standards,
b. professional
education &
training
Regulation/
Representation
Review
education
& training
University Law Schools
King’s
Inns
Bar
Council
Law
Society

14. Completion of Lower House Process, 22nd April 2015
New amendments
to strengthen the regulatory powers of the new LSRA
Legal partnerships will be subject to a public consultation process
provision will now be made to conduct detailed research on the likely effects of MDPs
Further significant amendment at Seanad Stages
Inspections and complaints;
the Legal Practitioners’ Disciplinary Tribunal;
Limited Liability Partnerships,
etc

15. Conclusion Legal Profession very hostile to reforms
Crystallised government preference for Mega-
Are reforms coherent enough to provide
model for E&W Reforms?