UK Law Society Comments On Legal Services Reform White Paper

by Robin Pilgrim, LawAndTax-News.com, London

31 January 2006

Responding to the UK government's legal services reform proposals, consultation on which ended on January 20, the Law Society has suggested that the modernisation of the legal services market could be undermined by a potential threat to the independence of the legal profession.

In a statement, the Law Society announced that it "has long argued for many of the proposals in the White Paper", but warned of the dangers of Ministers being able to make appointments themselves to key positions of influence over the solicitors’ profession or change regulatory objectives through secondary legislation.

Kevin Martin, Law Society President, argued that it is essential that the solicitors’ profession is free from Government control:

“Ministers must not be able to set rules governing solicitors on a whim to suit their own requirements. They must not be able to meddle in disciplinary decisions or investigations into individual solicitors. Members of the legal profession must be able to act independently, fearlessly and in the public interest," he stated, going on to add that:

“We are pleased that the Government is taking steps to implement reforms we have argued for over some years. We have long promoted the need for a more consumer-focussed legal services market and greater flexibility for lawyers in running their businesses to meet consumers’ needs. But we do not want the reforms to be overshadowed by disagreements over the level of Government influence over the legal profession.”

Another concern expressed by the Law Society with regard to the proposals is the danger that unless the Legal Services Board proposed by the Law Society is a "lean and light touch oversight body", the new framework could lead to duplication, delay and an additional regulatory burden.

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