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02 July 2019 / Amanda Hamilton , Jane Robson
Issue: 7847 / Categories: Features , Profession , Legal services , Regulatory
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Paralegal regulation—confidence & competence

Amanda Hamilton & Jane Robson explain why self-regulation for paralegals promotes access to justice & benefits the sector as a whole

  • Why paralegals are not regulated by statute and the benefits of self-regulation.

It comes as no surprise to those currently working in the legal services sector, that there is extensive statutory regulation. Solicitors, barristers and chartered legal executives are only too well aware of this since they are ‘legally’ bound to put their hands in their pockets in order to pay for it. The privilege of having to pay for membership to a professional body, together with paying for your regulatory body and, in addition, the overarching supervisory body is a costly burden to bear. Unfortunately, the only individuals that really suffer as a consequence of this is the consumer of legal services, since the cost of statutory regulation is reflected in the fees charged to clients of such professionals.

The whole sector seems to have spiralled out of control in this respect. We should surely remember that ultimately,

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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