Co-Chair
Sarah Lucey
Co-Chair
Emma Oettinger
Regulation of Lawyers Committee
The Regulation of Lawyers' Committee was formed to meet the growing interest of IBA members in the regulation of law firms and lawyers (and the related compliance obligations and the risks of failure to comply).
About the Committee
The Regulation of Lawyers Committee addresses practical and legal aspects of complying with a wide range of professional risk management topics from the perspective of both individual lawyers and law firms, and lawyers who work for clients both in private practice and in-house.
As lawyers and members of law firms, we are all subject to regulation of one form or another. The impact of this regulation is increasing in both substance and complexity, as well as becoming more global in nature, which not only challenges some of the basic ethical positions within the profession but also requires firms to incur significant expense and time to ensure compliance.
The Committee’s goal is to add a global, as well as business law, perspective to regulatory debates in the legal profession, leveraging the IBA’s core membership of business lawyers who play a critical role in such conversations.
The Committee provides a forum where members can discuss, debate and influence legislation impacting the practice of law, particularly in light of the ever-expanding multi-jurisdictional approach to the regulation of law firms and lawyers.
The Anti-Money Laundering and Sanctions Expert Subcommittee focuses on anti-money laundering and financial and trade sanctions legislation as it impacts lawyers. Both the Committee and Subcommittee work closely with the Bar Issues Commission and the Law Firm Management Committee.
The Committee addresses the following risk management topics:
Regulatory & Compliance
- Data protection, information security, cyber-risks
- Insider dealing and market abuse procedures
- Outside business interests
- Bribery, corruption, economic crime, gifts and hospitality
- Modern slavery and supplier transparency
- Licensing, registration and practice of law – lawyer and firm
- Audit and assurance programmes or training
- Regulatory notices or requests for disclosure
- Internal investigations and external reporting
- Managing regulator audits and practice visits
- Behavioural and institutional culture issues
- Rule of law
Client Relationships
- Conflicts of interest
- Confidentiality obligations
- Due diligence or KYC
- ESG and reputational risk
- Engagement letters and terms of business - domestic, and multi-jurisdictional
- Referral and outsourcing arrangements
Risk Management and Insurance
- Design and implementation of risk management systems and policies
- Professional indemnity insurance cover
- Complaints and claims handling
- Compliance issues with law firm mergers, multi-disciplinary practices or alternative business structures
Specialist Subcommittee on Anti-Money Laundering & Economic Sanctions
- Liaise with the FATF and regional bodies (e.g. MONEYVAL, APG)
If you have any questions or would like to become involved in the work of the committee, please contact one of the Committee Officers.
Forthcoming conferences and webinars View All Conferences
IBA Annual Conference Mexico City 2024
15 Sep - 20 Sep 2024
Mexico City , Mexico
Publications
Horizon scanning – key topics from England and Wales
2022 was an eventful year for law firm regulation and as we have moved through 2023, it is clear that there will still be many key issues for firms to have on their radar.
Released on Sep 19, 2023
The Anti-Money Laundering and Sanctions Experts Subcommittee
Comprising experts in the technical aspects of financial crime regulation and international law frameworks led by the Financial Action Task Force (FATF), the Anti-Money Laundering and Sanctions Experts Subcommittee of the IBA Regulation of Lawyers' Compliance Committee includes private practice, academic and in-house counsel specialists.
Released on Feb 08, 2022
Webinar programme report: How does a firm onboard clients? Unworthy clients – who decides? What are the risks?
On 11 November 2021, the IBA Regulation of Lawyers' Compliance Committee presented its flagship webinar titled ‘How does a firm onboard clients? Unworthy clients – who decides? What are the risks?’ This article summarises the webinar.
Released on Feb 08, 2022
Update from New Zealand – review of 2021
This update addresses two significant themes influencing New Zealand’s fused profession of barristers and solicitors during 2021.
Released on Feb 02, 2022
Subcommittees and other groups
The Regulation of Lawyers Committee also coordinates the activities of the following subcommittees/working groups.
- Anti-Money Laundering and Sanctions Expert Subcommittee
- IBA Working Group on Lawyer-Client Confidentiality
- Regulation of Lawyers' Committee Advisory Board
Related links
General Regulation
- IBA Legal Regulators’ Directory
- IBA Global Cross Border Legal Services Report
- CCBE Collection of Professional Regulations
Disclosure and reporting
- The Law Society guidance in relation to DAC6 and Legal Professional Privilege
- 2018 - DAC6. Directive (EU) 2018/822 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements
Beneficial Ownership
Anti-Money Laundering
- 2020 - EU Action Plan for a comprehensive Union policy on preventing money laundering and terrorist financing
- 2020 - Revised EU methodology for the identification of high-risk third countries
- 2019 - CDD guidance published by the Canadian Federation of Law Societies’ AML and CTF Working Group: Guidance for the Legal Profession: Your Professional Responsibility to Avoid Facilitating or Participating in Money Laundering and Terrorist Financing
- 2018 - 5th EU Money Laundering Directive