Most people understand that regulations have a direct bearing on
their access to things such as clean air and water and safe working
environments. However, in the United States, few people make the
connection between how legal services are regulated and how
difficult it is for them to access legal services. Indeed, on the
question of affordable and accessible civil justice, the World
Justice Project ranks the US 94th out of 113 countries, behind
Albania, Belarus, Myanmar, and Russia. For decades academics and
others have debated whether the legal profession is self-regulated
and, if it is, whether it should be. But is it the right debate?
Self-regulation-or not-does not obviate the need for effective
regulation. Independent, accountable, and transparent regulatory
bodies, effective oversight of those bodies, the genuine engagement
of citizens in the regulatory process, evidence-based research to
fully assess the impact of regulation, and an approach to
regulation that is proportionate and targeted to actual risks are
essential for effective regulation. Through the lens of the
adoption of alternative structures, this book explains how England,
Wales, and Australia have, by embracing these essential elements,
successfully modernized their regulatory environments for legal
services, and how Canada has taken firm steps down its own path to
the same. In contrast, by rejecting these elements, the United
States remains paralyzed in an unproductive regulatory environment
for legal services. This book provides a blueprint for how the US
can take inspiration from its common law sisters to breathe new
life into its regulatory environment for legal services.
Ultimately, modernization will require more-and better-regulation
that is financed publicly through equitable, progressive revenue
sources.
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