Following the release of Sir David Clementi's consultation paper on reforming the UK's legal services sector, the Bar Council has announced its broad support for the proposals contained in the document.
The Prudential Chairman on Monday dashed the Law Society's hopes that it would be able to retain its dual role as regulator and representative body for the legal sector, unveiling two "polar" outcomes, which would both nevertheless result in substantial changes for the Society.
The first suggestion made was for the creation of a Legal Services Authority responsible for training, regulation, and discipline, with the Law Society effectively becoming just a trade union for the legal profession.
The second, less radical proposal put forward in the consultation paper was for the creation of a Legal Services Board to sit as an umbrella regulator over the existing regulatory bodies.
Sir David also came out in favour of allowing "legal disciplinary practices" comprising solicitors, barristers, and other legal professionals.
Commenting on the consultation paper, chairman of the Bar Council, Stephen Irwin QC broadly welcomed its tone, observing that the proposals tend towards "evolution in the public interest rather than revolution for the sake of it on legal services".
"On the alternative business structures we have long argued against the "enronisation" of the legal profession through the introduction of multi-disciplinary partnerships, and this is now clearly on the back burner," he announced, continuing:
"We will continue to argue the competitive and public interest benefits of having all private practice barristers working on a self-employed basis, entirely independent and free from conflict."
"On changes to the regulation of lawyers, we believe the Bar Council's excellent track record on self-regulation means we have earned the right to continue to regulate ourselves, albeit with a strong lay input. As a professional body, our representative functions are underpinned and enhanced by the culture of self-regulation. There is nothing to be gained lumping all lawyers together."
"We look forward to responding constructively to Sir David's agenda," Mr Irwin concluded.
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