The regulation of legal practice has traditionally been based on geographic boundaries. Foreign lawyers are generally prohibited from practising law in host jurisdictions without being locally admitted. In some cases, additional requirements such as nationality or residency may also apply. Notwithstanding, there is an increasing demand for legal services across borders owing to the expansion of international trade and other transnational activities facilitated by technological advancements that enable efficient transportation and communication. Therefore, traditional regulatory models that typically frame legal regulators’ authority in geography-based terms are becoming inadequate in cross-border legal practice. In this regard, technology is an important factor driving changes to cross-border legal practice regulation. While there is extensive literature that discusses how technology is transforming the nature of legal practice, this thesis investigates whether technology plays this change role in a solely deterministic manner. This thesis takes a critical perspective rooted in the theory of soft technological determinism and reflects the importance of technology in shaping changes to cross-border legal practice regulation. However, it also acknowledges that technology does not have a mono-causal effect. Instead, these changes are being influenced by technological progress, interplaying with non-technological factors such as legal system similarity and legal harmonisation. While soft technological determinism acknowledges that technology, interplaying with non-technological factors, influences the liberalisation of cross-border legal practice, legal regulators can shape this progression by reforming existing rules to meet specific objectives. In this regard, legal regulators must ensure that as technology and non-technological factors advance the liberalisation of cross-border legal practice, this progression continues in a considered and mindful manner. This thesis underscores the need for regulatory changes to occur in a rational, logical and controlled manner and concludes by proposing the use of regulatory sandboxes as a complementary approach for developing well-thought-out strategies to reform cross-border legal practice regulation.
A soft technological deterministic analysis of cross-border legal practice regulation
Lawal, T. (Author). 2024
Student thesis: Doctoral Thesis