ITMA And CIPA Express Measured Support For Proposed Legal Services Reforms

by Robin Pilgrim, LawAndTax-News.com, London

18 January 2006

The Institute of Trade Mark Attorneys (ITMA) and the Chartered Institute of Patent Agents (CIPA) have cautiously welcomed the UK government's White Paper on “The Future of Legal Services", the two bodies announced this week.

The two Institutes said they were in broad agreement with many of its proposals, although they did express several key concerns.

In a joint statement, Phil Harris, First Vice President of ITMA, and Michael Harrison, President of CIPA announced that:

“Both Institutes have been supporters of Government reforms to the legal system in this and other areas. Reform has been long overdue and the Government is to be congratulated for its willingness to contemplate radical reforms that will put the UK legal system far ahead of the historically more traditional systems in other countries.”

“By dispensing with outmoded restrictions on business form, these changes will help to give UK lawyers a competitive advantage both in the high street and, of more relevance to us, in the international sector. Consumer confidence (sorely tested in other sectors of the legal services market in recent years) and competitiveness will be greatly enhanced.”

“Nevertheless, there are some aspects of the reforms that cause us concern and which we believe will need to be addressed if the new structures are to work most efficiently for consumers and providers alike.”

The areas of concern outlined by ITMA and CIPA included:

· The jurisdiction of the LSB (Legal Services Board) over both Institutes' members and registered attorneys practices;
· The application of the ABS (Alternative Business Structures) concept to mixed Patent & Trade Mark attorney firms and to mixed practices generally;
· The application of privilege in ABS firms;
· Consultation with the representative side of the Regulated Sector;
· The make-up of the Consumer Panel;
· The cost of regulation; and
· The creation of the OLC (Office of Legal Complaints).

“We have appreciated the opportunities the DCA has given to discuss and clarify our concerns. We would value an early opportunity to discuss the issues raised in this submission with a view to our contributing further to the development of successful legislation and to new structures that will work most efficiently for consumers and providers alike.”

The consultation period on the legal services reform White Paper ends this Friday.

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