of self regulation? - The Law Society of Upper Canada

A look at the regulation of the legal profession throughout common law countries
confirms that pure self-regulation has increasingly become an endangered species. It
appears, in fact, that Canada may soon be the only country in the Commonwealth where
the profession remains self-governing. The type of regulatory intervention and the degree
of authority lost by the professional bodies varies among jurisdictions. Some common
threads are apparent, however. In most cases an independent regulatory agency has been
created, one which is appointed not by the law society (or its equivalent) but by the
government. Frequently the state reclaims responsibility for complaints handling and
discipline and assigns it to this body, 79 but leaves the law society to establish codes of
conduct and standards of practice, and even to govern admissions and qualification.
Finally, the new mechanisms that are introduced often provide for significant lay
participation in the disciplinary process.
The various jurisdictions of Australia and the United Kingdom are leading the
charge against self-regulation, with other jurisdictions following close on their heels. In
Australia, reforms to the regulation of the profession have been unfolding for more than a
decade. Because the legal profession is regulated at the state, rather than the federal level,
the regulatory structures are not traditionally uniform. Part of the reforms involves an
effort to unify the regulatory systems across the country, and to improve the mobility of
lawyers. 80 The reforms are otherwise broadly similar: in most states the reforms provide
for an independent, government-appointed body to handle the complaints and discipline
79 In many cases, different types of complaints are handled differently, with the independent body taking
responsibility for conduct complaints for example, while the law society retains (though often under
supervision) jurisdiction over quality of service complaints, and the courts jurisdiction over civil claims
against lawyers.
80 See Law Council of Australia, “National Legal Profession Model Bill” online:
.
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