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Article
The End(s) of Self Regulation?
Articles, Book Chapters, & Popular Press
  • Richard Devlin, Dalhousie University - Schulich School of Law
  • Porter Heffernan, Dalhousie University Schulich School of Law
Document Type
Article
Publication Date
1-1-2008
Keywords
  • Self-Regulation,
  • Legal Profession,
  • Public Interest,
  • Commonwealth Nations,
  • Proposed Reform
Abstract

Self-regulation is a sacred cow of the Canadian legal profession. The authors question this assumption on several levels and ask whether, in a liberal democratic society such as Canada, self-regulation really is in the public interest. The advantages and disadvantages of self-regulation are discussed in the context of other Commonwealth nations who have moved away from this type of regulatory structure. Though the self-regulation debate has been traditionally viewed as a "one way or the other" argument, calibrated regulation seems to be a possibility in Canada and, in fact, steps have already been taken in this direction. Devlin and Heffernan conclude by proposing the creation of a Task Force — The Sponsors’ Table on the Regulation of the Legal Profession — to reconsider the present state and future possibility of recalibrated regulation in Canada.

Creative Commons License
Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International
Citation Information
Richard Devlin & Porter Heffernan, "The End(s) of Self Regulation?" (2008) 45:5 Alta L Rev 169.