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Transforming Legal Regulation for Independence and Innovation

This article explores the need for transparent, independent regulation in the legal profession and highlights the role of the Legal Services Board and professional bodies in promoting the public interest, competition, and innovation.

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Transforming Legal Regulation for Independence and Innovation

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  1. Gresham V The legal profession Regulating for independence

  2. Law Lords to Supreme Court

  3. The Clementi Review • Regulation should promote and public and consumer interests, competition and innovation, and be transparent • Regulatory and representative arms of professional bodies should be separate • Legal Services Board as overarching regulator but professional bodies as front line regulators

  4. The legal regulators • Bar Council – Bar Standards Board • Law Society – Solicitiors Regulation Authority • Council of Legal Conveyancers • Institute of Legal Executives – ILEX Professional Standards Board • The Chartered Institute of Patent Attorneys • The Master of the Faculties (Notaries) • The Institute of Trade Mark Attorneys • The Association of Law Costs Draftsmen

  5. The Legal Services Act 2007 Created the Legal Services Board to oversee the legal approved regulators, the Bar Council and the solicitors Set up Office of Legal Complaints – a new ombudsman single entry point for complaints, but professional misconduct still reserved for BSB Facilitates new working structures, Legal Disciplinary Practices, Alternative Business Structures • ’. 5

  6. The clients of the Bar • Members of the public • Solicitors • Judges • Big corporations • Government departments • Foreign governments

  7. Make up of the Bar

  8. Who controls the Bar?

  9. Bingham and the Rule of Law

  10. The principles I • 66 Cambridge Law Journal 67 (2007) • Law should be accessible, intelligible, clear and predictable • Legal rights should be resolved by law and not discretion • The law applies equally to all • Protection of human rights

  11. The principles II • Means must be provided to resolve civil disputes without prohibitive cost or inordinate delay • Public officers should exercise powers reasonably, in good faith, for the right purpose and without exceeding them • Judicial procedures should be fair and independent • The state should comply with its international law obligations

  12. Self regulation • UN Basic Principles on the Role of Lawyers 1990 • The Code of Conduct for Lawyers in the EU 1988 • IBA Standards for Independence of the Legal Profession 1990

  13. Regulatory Objectives LSA 2007 – in no particular order: Protecting and promoting the public interest Supporting the rule of law Improving access to justice Protecting and promoting the interests of consumers Promoting competition in the provision of services Encouraging an independent, strong, diverse and effective legal profession Increasing public understanding of the citizen’s legal rights and duties Promoting the professional principles 14

  14. Quality control of the Bar • Advocacy assessment • Office for Legal Complaints • QC Appointments • Judicial Appointments Commission

  15. Advocacy quality • Professions cooperating on standards • Quality Assurance Scheme for Advocates • Judicial input • Criminal and family first

  16. Office for Legal Complaints • Legal Ombudsman, one portal for all complaints • Deals with poor service complaints • BSB continues to handle misconduct • Agreement on cooperation and hybrid complaints

  17. Legal OmbudspersonAdam Sampson

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