Regulation at Home, but not Abroad - Professor Sir Geoffrey Nice QC

TL;DR

Regulation in the legal profession is crucial for ensuring trust and professionalism, but the complexity and criticisms of existing regulatory systems present challenges for lawyers and judges.

Transcript

good evening my lectures to date have been about perpetrators of crimes in war International war crimes there are lawyers and judges this lecture is about regulation as it operates for lawyers especially barristers and judges and I'm going to view it from different angles hopefully allowing for conclusions questions at the end incorporating persona... Read More

Key Insights

• 🖐️ Regulation plays a crucial role in ensuring the trustworthiness and professionalism of lawyers and judges.
• 🦸 The legal profession has experienced significant changes in recent years, including the introduction of a super regulator and increased complexity in regulation.
• 🤢 The size and diversity of the bar have posed challenges in implementing effective regulation and maintaining a unified profession.
• 🧑‍⚖️ The role of judges and barristers has become more professional and accountable over time, with a focus on providing fair verdicts.

Questions & Answers

Q: How does regulation ensure trust in lawyers and judges?

Regulation sets rules and standards for professionals and imposes sanctions for those who break them, ensuring that they act ethically and in the best interest of their clients. It helps maintain public confidence in the legal system.

Q: What challenges does the legal profession face in terms of regulation?

The complexity of regulation, such as the oversight of multiple regulators and the introduction of a super regulator, has led to discomfort and criticisms from practitioners. Additionally, the profession's growth and diversity have made informal regulation less effective, and achieving consensus on regulatory changes has been difficult.

Q: How has the role of judges and barristers changed over time?

Historically, control of barristers and judicial conduct was informal and based on reputation and self-regulation. However, with the growth of the profession and changes in the legal system, formal regulation became necessary. The role of judges has become more professional and systematic, and they are now trained to provide logical and fair verdicts.

Q: How has the legal profession's culture and code of conduct evolved over time?

The legal profession was once perceived as an elite group, with members expected to adhere to a code of conduct that upheld high standards. However, with changes in society and the profession's increased diversity, the culture and code of conduct have shifted. The focus on trust and professionalism remains, but there is a need for clearer guidance and accountability.

Summary & Key Takeaways

• Regulation is necessary to ensure trust in professionals like lawyers and judges, as they play important roles in people's lives.

• The legal profession has undergone significant changes in recent years, with increasing complexities in regulation and criticisms from practitioners and subordinate regulators.

• The bar's size and diversity have also posed challenges in implementing effective regulation, and the profession's culture and code of conduct have evolved over time.