The End(s) of Self Regulation?

74 Pages Posted: 6 Jul 2012

See all articles by Richard Devlin

Richard Devlin

Dalhousie University - Schulich School of Law

Porter Heffernan

Dalhousie University - Schulich School of Law

Date Written: November 9, 2007

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.

Keywords: self-regulation, public interest, Commonwealth

Suggested Citation

Devlin, Richard and Heffernan, Porter, The End(s) of Self Regulation? (November 9, 2007). Alberta Law Review, Vol. 45, No. 5, 2008. Available at SSRN: https://ssrn.com/abstract=2101801

Richard Devlin (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Porter Heffernan

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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