David's PhD journey in regulating professional conduct in pluralist Pacific contexts

David Naylor_RegNet

David’s passion for understanding the interaction of state and non-state regulators of conduct on lawyers and how institutions such as law schools, law societies, and regulators can better support lawyers within the Pacific region led him on an inspiring PhD journey at the Australian National University School of Regulation and Global Governance (RegNet).

He began his academic career as a lecturer at the University of the South Pacific's School of Law in 2015. His previous roles as a Senior Policy Lawyer for the Law Council of Australia and Administrator of the South Pacific Lawyers’ Association had deepened his understanding of social and legal complexities within the region, ultimately guiding him toward his doctoral studies.

David’s former Head of School, Professor Emeritus Eric Colvin, recommended Professor Miranda Forsyth as his supervisor due to her extraordinary work on legal pluralism and the intersection of state and non-state justice and regulation in the Pacific region.

“I know of no other Pacific scholar who could have supervised me to produce such a complex and significant thesis for the future of legal education and regulation in the region,” said David.

David’s thesis focused on the influences of lawyer conduct in practice in Fiji, Kiribati, and Vanuatu, marking the first comprehensive academic study on this topic in Pacific Island countries (PICs). It applies insights from theories of pluralism, relationality, and regulatory compliance to consider how lawyers conceptualise a good lawyer, how state and non-state systems regulate lawyer conduct in practice, and how regulators can understand ‘the compliance puzzle’ in PICs.

His research found that supporting ethical and competent lawyers in PICs requires regulators to understand the true influences on lawyer behaviour—beyond statutes and rules of lawyer conduct. These insights can be used to develop responsive and locally-relevant regulatory strategies by combining the limitations of formal regulatory systems with the strengths of existing and emerging informal regulatory systems.

The most enriching part of David's PhD journey was his fieldwork. He conducted 67 interviews, made observations, and engaged in talanoa—conversational storytelling—mostly in informal settings. These moments of exchanging stories, ideas, and experiences were invaluable, and provided rich data to support his research.

David's PhD journey at RegNet has prepared him for what lies ahead and he has some advice for aspiring PhD students.

“My time at RegNet has greatly strengthened my skills as a researcher and helped me to consolidate my knowledge and experience as a lawyer, academic and scholar of regulation and governance in complex pluralist contexts,” he reflected.

"Some PhD scholars are driven by a passion for research but may struggle to narrow down a research problem that captures their interest. Others are driven by a desire to address a challenge they have encountered personally or professionally which can only be satisfied through the rigour of academic research.

“Both approaches lead to excellent research and researchers, although those tackling personal challenges may ultimately find their journey more demanding, as their research reveals answers that are both intuitive and profoundly complex and leads to normative questions— ‘knowing what I now know, now what?’"

Congratulations on your graduation, David! We are excited to celebrate this milestone with you and can’t wait to see the great things you will accomplish next.

 

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