Clementi Proposals Receive Mixed Welcome

by Robin Pilgrim, LawAndTax-News.com, London

20 December 2004

The proposals for reforming the UK's legal profession unveiled by Sir David Clementi last Wednesday have received a mixed welcome, according to reports.

Recommendations put forward following an eighteen month review of the sector included the creation of a Legal Services Board "to provide consistent oversight of the front-line bodies, such as the Law Society and the Bar Council", the creation of Legal Disciplinary Partnerships (LDPs) in order to allow barristers and solicitors to work together, and the creation of an Office for Legal Complaints (OLC), to examine complaints made against legal professionals.

Clarifying the reasoning behind the latter proposal, Sir David's report observed that: "There is an issue about whether systems for complaints against lawyers, run by lawyers, can achieve consumer confidence."

The proposals contained in the report have been actively welcomed by bodies such as the Office of Fair Trading, which has been calling for reform of the sector for some time. The Law Society has also stated that it backs the report, having resigned itself to losing some of its regulatory powers prior to publication.

However, the Bar Council has expressed displeasure with the planned creation of the OLC, with Bar Chairman, Stephen Irwin QC telling the Financial Times last week that:

"The Bar's track record on self-regulation is a good one. We have the right to expect earned autonomy in our affairs, for so long as our complaints handling serves the public interest."

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