In The Press


Legal Services Bill gets royal assent
::: 2007-10-30 ::: The Lawyer :::
The Legal Service Bill has received royal assent today (30 October) following the House of Lords approving the Bill last Thursday (25 October). The Queen approving the bill has been welcomed by the legal profession, with the Bar Council and the Bar Standards Boards (BSB) both today content that the bill is in a form that will service the legal profession. Bar Council chair Geoffrey Vos QC, said the two years of campaigning has led to the right outcome. 

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Legal Services Bill gets House of Lords' blessing
::: 2007-10-29 ::: The Lawyer :::
The Bar Council and Law Society welcomed the House of Lords' approval of the Legal Services Bill last Thursday (25 October). Law Society president Andrew Holroyd said the bill, once it receives Royal Assent later this week, will create a foundation for the future of the legal profession. "The Legal Services Bill has changed much since it was first published last December, and changed for the better," said Holroyd. "We had many doubts then, but now we can safely say it provides a workable basis for achieving Sir David Clementi's aims of modernising the regulatory structure." 

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Legal Services Bill passes final hurdle
::: 2007-10-26 ::: The Lawyer :::
The House of Lords yesterday (25 October) approved the House of Commons’ amendments to the Legal Services Bill, with the legislation expected to receive Royal Assent next week. The bill passed the Lords hurdle after the ministers made concessions to uphold the independence of the legal profession. One major compromise was in relation to the appointments to the Legal Services Board, which will oversee the Bar Standards Board (BSB) and Solicitors Regulation Authority (SRA). The Board initially would have been appointed solely by the Lord Chancellor, which raised concerns that the legal profession would become politicised. 

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Whitehall retreat on ‘polluter pays’ levy
::: 2007-10-18 ::: Law Gazette :::
The government this week gave in to opposition efforts to stop the ‘polluter pays’ principle applying to lawyers cleared by the proposed Office for Legal Complaints (OLC). During the report stage of the Legal Services Bill, minister Bridget Prentice surprised MPs by accepting a Liberal Democrat amendment that means the OLC will not levy a charge when a complaint is not upheld, so long as the lawyer took ‘all reasonable steps’ to resolve the complaint under their internal complaints procedure. The government had planned to amend the Bill to allow the OLC to waive or reduce the fee. 

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Bill to regulate solicitors ‘risks another miners’ compensation fiasco’
::: 2007-10-15 ::: The Times :::
Plans for a shake-up of the legal profession, to be debated by MPs today, could lead to another fiasco like the miners’ compensation scheme, because trade unions would be exempt from consumer safeguards, Conservative MPs say. The Legal Services Bill, which creates a new regulatory framework for lawyers, will not cover trade unions who give legal advice. Jonathan Djanogly, the Tory justice spokesman, said: “The Government has agreed to exempt trade unions from its own legislation designed to protect consumers from receiving poor or unscrupulous legal advice. 

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The Brave New World report

Intendance survey predicts forthcoming Legal Services Act will cause major upheaval in the legal profession.

The product of two year’s research in conjunction with LPA Legal Recruitment and Thomson Sweet & Maxwell, Brave New World: Impact of the Legal Services Act, is an in-depth survey of high-ranking opinion formers from across the English legal profession and beyond. Full of insightful commentary, statistics and quotes, it highlights the opportunities, and threats to the status quo, presented by the Legal Services Act (LSA). Described as a Big Bang moment for the legal profession, this legislation is unprecedented, and judging by the findings, the upheaval could be seismic.

The survey found that 58% of solicitors and 41% of barristers now think that high street law firms will be “drastically” affected by the reforms. According to 60% of solicitors surveyed, high street law firms will be a “rarity” by 2015. Furthermore, the survey found that nearly half of respondents are interested in adopting an ABS and 37% expressed an interest in accessing external capital.

By allowing non-lawyers to own law firms, the LSA exposes high street firms to competition from all-comers, especially those with well-established brands, hence the coining of the term ‘Tesco Law’ to describe its wide-reaching influence. With their superior media exposure, IT capabilities, and existing retail muscle, supermarkets, among others, could grab a major slice of the market.

The research points out that the provision of legal services through the UK’s approximately 8,500 high street firms creates a duplication of costs that leads to higher prices for customers (each firm needs to recoup basic start-up costs and are unable to achieve substantial economies of scale).

To compete in the changed environment the research quotes estimates that as many as 3,000 high street law firms, or 35% of the total, may have to disappear before high street law firms reach an optimal size. But as James Tuke, Head of Intendance Research comments: “There is hope that more nimble high street firms through consolidation, effective use of IT and systemisation of processes will actually be able to reinforce their position as trusted local or specialist suppliers.”

The introduction of “Tesco Law” is also expected to accelerate the provision of legal services through the internet. 37% of barristers and solicitors feel that in five years time most high street legal advice will be delivered online.

The views of a number of respected commentators from both the legal and other professions are incorporated into the report, such as Fiona Woolf (President of the Law Society), Geoffrey Vos QC (Chairman of the Bar Council), Tony Williams (legal management consultant and former managing partner of Clifford Chance and Anderson Legal), and Professor Stephen Mayson (Director of The College of Laws Legal Services Policy Institute).

Essential reading for all in the legal profession, this report can be purchased online from Sweet & Maxwell and Amazon. Members of Intendance Research are entitled to a special deal on this report.

To download an overview of the report, please click here.