Law and Rights
A Changing Legal World
In December 2004, Sir David Clementi completed his review of the provision of legal services. The eventual outcome was the Legal Services Act 2007 some of which has already been implemented with more to come later in 2010 and in 2011. The aim of the Act is to liberalise and regulate the market for legal services and to encourage competition between law providers.
Three fundamental reforms are built into the Act:
- Legal Disciplinary Practices - see Law Society and Law Gazette (Bar sanctions LDPs)
- The creation of a Legal Services Board (to oversee regulation of all branches of the legal profession) and an Office for Legal Complaints (operating an Ombudsman Scheme).
- Alternative Business Structures (ABS) and their licensing. ABS will enable different professionals to join together in the provision of services. External ownership of legal businesses (e.g. by flotation on the stock exchange etc) will be possible. See also Legal Week 23rd February 2010 - "LSB greenlights ABS for 2011 launch"
On top of all these changes, the Solicitors Regulation Authority (SRA) is looking at changing the method of regulation to one which focusses on "outcomes" as opposed to mere compliance with rules - see SRA.
The changes are far-reaching and complex and the above is, of necessity, a mere outline. Criticisms exist - e.g. is there really a need for so many regulatory bodies? Potentially, there are considerable benefits for both lawyers and the public. External investment in law businesses will become possible and enable expansion to be funded. The public should benefit as a result of competition for services. At least, that is the theory. The views of readers on this would be most welcome.
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Law Has Become A Tool For The Rich
The Law pages in The Times 31st May stated - "Law has become a tool for rich." The article by Jonathan Ames stated the views of Lord Phillips of Sudbury who has been a qualified solicitor for 48 years. Regulatory change is blasting through the...
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Explaining Our Law And Legal System ... No.1 ... Legal Personnel
A forum was held at The Law Society in London on 19th May. It was very well-attended and discussed the role and the future of legal "blogging." Some eminent speakers took part such as Joshua Rozenberg. One of the points raised was the...
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Judicial Review: Family Legal Aid Tendering
Legal Aid in family cases - judicial review Given the complexity of family law and practice, the provision of legal representation is crucial. The Law Society has applied for a judicial review of the tender process used by the Legal Services Commission...
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The Cull In Legal Aid For Family Work - 46% Fewer Firms
Even the Legal Services Commission has admitted that a cut of 46% of solicitors firms providing family law services was not intended - see "LSC chief: tender outcome "unintentional" - Law Society Gazette 5th August. Even if true, that is little...
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It Looks Like A Dismal Picture For Legal Services And For Justice
24th March saw the final budget of the Labour Government elected in 2005. On top of recently announced closures of 20 magistrates' courts, the Ministry of Justice published plans to make further substantial savings - see Ministry of Justice. ...
Law and Rights