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80 Fordham L. Rev. 2761 (2011-2012)
Comparative Perspectives on Lawyer Regulation: An Agenda for Reform in the United States and Canada

handle is hein.journals/flr80 and id is 2777 raw text is: COMPARATIVE PERSPECTIVES ON LAWYER REGULATION: AN AGENDA FOR REFORM IN THE UNITED STATES AND CANADA Deborah L. Rhode* & Alice Woolley** Regulation shapes every area of modern economic ife. Getting regulation right-knowing when it is necessary, what it should accomplish, and what form it should take-is a critical part of policymaking in every society. Developing an effective oversight structure requires a complex analysis of each society's particular historical, cultural, and legal foundations. Regulation of the practice of law is no different, although it has received surprisingly little public attention in the United States and Canada. That is not for lack of problems, and other countries with similar legal systems, such as Australia and England and Wales, have begun to do better at addressing common oversight failures. This Article explores why problems in American and Canadian legal regulation persist, and identifies reform strategies that build on recent innovations from abroad. TABLE OF CONTENTS INTRODUCTION......................................... 2762 I. THE UNITED STATES DISCIPLINARY PROCESS ....... ............. 2764 A. The Flawed Structure of Professional Discipline..... .... 2764 B. The Undisciplined Scope of Disciplinary Review: Non-professional Misconduct ..................... 2769 II. THE CANADIAN DISCIPLINARY SYSTEM ........................ 2773 A. Overview and Critiques .......................... 2773 B. A Flawed Structure ........................ ..... 2776 C. Regulation of Character ................... ...... 2778 III. ALTERNATIVE REGULATORY MODELS ......................... 2781 A. Consumer-Oriented Reforms .................. .... 2781 B. Non-professional Conduct .................. ...... 2784 IV. AN AGENDA FOR REFORM ............................ ....... 2786 A. Proposals for the United States ............... ...... 2787 B. Proposals for Canada ................ ............ 2788 CONCLUSION ........................................... .......2789 * Ernest W. McFarland Professor of Law, Director, Center on the Legal Profession, Stanford University. * * Professor of Law at the Faculty of Law, University of Calgary. 2761

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