Legal regulators face new challenges from a rapidly changing world, which is exerting new social and political demands on the legal services sector and altering the dynamics within the profession itself.

This 8th International conference of legal regulators will provide the opportunity to step back from the day-to-day concerns of regulation and look strategically at some of the significant trends that are emerging in different jurisdictions. It will also offer participants the chance to reflect on how they can continue to perform their core regulatory tasks, of upholding standards and sustaining trust, whilst being flexible and responsive to the changing world around them.

We look forward to warmly welcoming you to Edinburgh in September.

Wednesday 4 September

Mercat Cross, High Street, Edinburgh

Session one: Introduction to ICLR 2019

John Mulholland, President, Law Society of Scotland

Ash Denham MSP, Minister for Community Safety, Scottish Government

Moderator: David Lee

Speakers:
Anna Bradley, Chair, Solicitors Regulation Authority
Dr Heike Lörcher, Head of International Relations, German Federal Bar

1 x VACANT

This session will join by video-link with TechLaw Fest, Singapore
www.techlawfest.com/

  • National and supra national regulation
  • Sectoral regulation
  • Interdisciplinary challenges  
Session two: Assuring competence

Moderator:
Jerry Larkin, Attorney Registration & Disciplinary Commission, Illinois

Speakers:

Kerrie-Anne Millard, Legal Services Board & Commissioner, Victoria
Steve Brooker, Legal Services Board, England and Wales
Carol Brennan, past Chair of Scottish Legal Complaints Commission Consumer panel

  • What do consumers want from their legal services providers?
  • Conducting a consumer needs survey
  • The growing pressure of client expectations

Hosted by Law Society of Scotland
Moderator: David Lee

Speakers:
Professor Stephen Mayson, leading Independent Review of Legal Services Regulation
Stephan Göcken, Executive Director, German Federal Bar
Frederica Wilson, Executive Director & Deputy CEO, Federation of Law Societies of Canada

  • Regulation and independence
  • Entity and market regulation
  • Role of the state
  • Access to justice

Moderator: Jane Malcolm, Executive Director of External and Corporate Affairs, Solicitors Regulation Authority

Speakers:
Catriona Watt, Association of Regulatory & Disciplinary Lawyers
Mary Ollivier, Director, Regulatory, New Zealand Law Society
Niels Hupkes, Manager Policy & Regulation, The Netherlands Bar

  • Price transparency
  • Winning confidence
  • Complaints and publication of findings

Moderator: Victoria Rees, Director, Professional Responsibility, Nova Scotia Barristers Society

Speakers:
Ellyn Rosen
, ABA Regulation and Global Initiatives Counsel
Iain Miller, Partner, Kingsley Napley LLP and Chair of Association of Regulatory and Disciplinary Lawyers
Rebecca Magorokosho-Musimwa, Regulatory Services Manager, Law Society of Zimbabwe

As recent events have shown, regulating the conduct of lawyers who serve as elected politicians or in public office, as well as those who provide legal services to others in public office, is a minefield. It is a challenge to properly balance the interests of the public, lawyers and the administration of justice when potential ethical violations occur. This workshop will provide practical case-based guidance (including a take-away you help develop) on:

  1.  What factors should regulators consider when assessing risk and determining when/ whether to take action in these circumstances?
  2. How can regulators effectively balance all relevant interests when engaged in these assessments/investigations?
Session three: Changing nature of the profession

Moderator: Fiona McLeay, Legal Services Commissioner and CEO, Victorian Legal Services Board

Speakers:

Sara Carnegie, Director, Legal Projects, International Bar Association
Zelda Perkins, Campaigner and formerly Weinstein Company

  • Me Too and sexual harassment
  • Make up of the profession
  • Role of the regulator

Moderator: VACANT

Speakers: 

Sara Jagger, Director of Professional Conduct, Bar Standards Board
Alvin Chen Yi Jing, Director, Legal Research and Development, Law Society of Singapore
Professor Laurel S Terry, The Pennsylvania State University

  • Separate business interests
  • Social media
  • Lawyers on lawyer selection platforms
  • Gig economy lawyers

Moderator: Ian Messer, Director of Financial Compliance, Law Society of Scotland

Speakers:

Sarah Wheeler, Manager, OPBAS, Financial Crime Advisory and Transformation
Cathy McKay, Law Society of Northern Ireland
Motlatsi Molefe, Attorneys Fidelity Fund, South Africa

Hosted by Law Society of Scotland
Moderator: David Lee

Speakers:
Stephanie Spiers, Federation of Law Societies of Canada
Peter Lawson
, Chairman, Burness Paull LLP
Ciara Murphy, Chief Executive, The Bar of Ireland

  • Why is it so difficult to engage the profession in this significant agenda?
  • Which demographics are most likely to be affected by poor mental health and how can we best target support?
  • How do we create open and supportive legal workplaces that promote well-being and positive mental health?
  • How can we monitor what we offer and evaluate its success?
  • What are the implications of this agenda for regulators and the public, as well as individual lawyers and the profession as a whole?
Session four: Ethics, standards and navigating change

This panel will aim to draw together lessons from each workshop and set the scene for Day 2, which will focus in more depth on how innovation might affect the traditional tasks of the legal regulator.            

One member of each breakout will join plenary panel to highlight the key issue identified in workshops and explain why delegates/regulators  should take this away from conference.

  • 16:05: Workshops A & B
  • 16:35: Workshops C & D
Session one: Technology – changing regulators and the profession

Moderator:David Lee

Speakers:
Prof Alan Paterson, Professor of Law, University of Strathclyde
Paul Philip, Chief Executive, SRA
Judith Gundersen, President, National Conference of Bar Examiners

  • Benchmarking the profession
  • Assessments and measurements
  • Raising standards and improved outcomes
  • Proportionate regulation
  • Quality and competence

Moderator: Joan Janssen, Director of Legal Services, Ministry of Law, Singapore

Speakers:
Sarah Sutherland, Director Programmes and Partnerships, CanLII
Ivan Mokanov, President, Lexum
John McKinlay, Convenor, Technology Law  and Practice Committee, Law Society of Scotland

  • Digital content
  • Big data
  • Overcoming resistance to change
  • Artificial intelligence and regulation

Moderator:
Jayne Reardon, Executive Director Illinois Supreme Court Commission on Professionalism

Speakers:
Art Lachman, co-chair, Association of Professional Responsibility Lawyers’ Future of Lawyering Committee and attorney in Washington
Bridget Gramme, Administrative Director, Center for Public Interest Law, University of San Diego School of Law

This “reverse panel” session will address the emerging legal tech industry, and principles and best practices for effectively regulating new methods of delivering legal services. Our goal for this session is for audience participants to learn from one another’s experiences in their respective jurisdictions, gather data regarding best practices, and bring this information back to our home jurisdictions.

  • Reform efforts underway in the US (California, Utah, Arizona and APRL)
  • Data/burdens to justify regulatory changes, including “access to justice” rationales
  • “Independence”/self-regulation/separation of powers issues
  • Multi-jurisdictional practice
Session two: Immediate and future challenges for legal regulators

Moderator: Patricia Schwartz, Office of Disciplinary Counsel, Supreme Court of State of Delaware (confirmed)

Speakers:
Alison Hook, Consultant
David Levy, Avocat
Sylvie Champagne, Secretariat of the Order and Legal Affairs, Barreau de Quebec *
(video link)
Mary Mugure, Council of Legal Education/ Kenya Law Society

This panel will discuss foreign legal consultant rules in the United States and France, Mutual Recognition Agreements in Quebec, the European Union, and East Africa, and Memorandums of Understanding in the United Kingdom.   Are they working, what are the pitfalls and what are the Brexit implications?

  • Scope of understanding
  • Efficacy of processes
  • Expansion

Hosted by Law Society of Scotland
Moderator: Philip Yelland, Executive Director of Regulation, Law Society of Scotland

Speakers:
Melinda Bentley, Legal Ethics Counsel, Advisory Committee of the Supreme Court of Missouri
Malcolm Mercer, Partner, McCarthy Tétrault’s Litigation Group
John Elliot, Director of Regulation and Registrar of Solicitors, Law Society of Ireland

  • Client trust funds and third parties
  • Alternative legal services providers
  • Code of conduct
  • Referal fees

Moderator: Jenny Mittelman, Deputy General Counsel, State Bar of Georgia

Speakers:

Angela Latta, Legal Services Board
Chris Harte, Chief Executive, Morton Fraser
Rob Marrs, Head of Education, Law Society of Scotland        

  • Tech skills
  • Millennial working attitudes
  • Gig economy

Moderator: Gordon Jackson QC

Speakers:

Brenda Grimes QC, Executive Director, Law Society of Newfoundland & Labrador
Janet Welch, Executive Director, State Bar of Michigan

Session three: Best practice for interventions and conduct

Moderator: David Lee

Speakers:
Johan Riijlaarsdam, President, The Netherlands Bar
Patrick Dillen, Secretary General, Federation of European Bars
Victoria Rees, Director, Professional Responsibility, Nova Scotia Barristers’ Society

Hosted by Law Society of Scotland
Moderator: Michael P. Clancy OBE, Director of Law Reform, Law Society of Scotland  

Speakers:
Jolyon Maugham QC, Good Law Project
Sheila Kumar, Chief Executive, CLC Consumers v clients

  • Regulation, regulators and the regulated
  • Empowering consumers
  • Ethical questions and challenges for regulators, including NDAs

Moderator: David Lee

Neil Stevenson, Chief Executive, Scottish Legal Complaints Commission
Cori Ghitter, Law Society of Alberta

Paule Armeneau, Law Society of Alberta

Moderator:
Dr Vanessa Davies, Director General, Bar Standards Board

  • Interactive and participatory session
  • Crafting a code of conduct
  • Public expectation in modern age
Session four: Geo politics, societal changes and fractured democracy – what next for regulators and lawyers?

Jolyon Maugham QC, Devereux Chambers and Good Law Project

  • Regulation across borders post Brexit
  • Why law matters in ‘post truth’ world

Lorna Jack, Chief Executive, Law Society of Scotland  

Waldorf Astoria Caledonian Hotel