Procedural Fairness and (Legal Profession) Regulation: Getting the Balance Right
thesis
posted on 2025-04-23, 00:57authored byCaroline Jane Morgan
This thesis is a case study of procedural fairness in the context of legal profession regulation. It assessed whether the hearing rule of procedural fairness contained in the legislation regulating lawyers strikes an appropriate balance with the regulatory objectives set out in it. Those objectives include efficient, effective, targeted and proportionate regulation, as well as consumer protection. The analysis resulted in two key findings. First, the balance is mostly appropriate with respect to lawyers and their rights to be heard. Second, there are strong grounds for extending procedural fairness rights to consumers, (aggrieved) clients and complainants in legal profession regulation.