Legal Executives

The government should return regulation to the legal profession’s representative bodies, rather than introduce full separation, the Law Society has said in response to yesterday’s surprise announcement from the Treasury that separation is now on the cards. The move is set to open up the fault lines in the current regulatory set-up created by the 2007 Legal Services Act.

Law firms that switch regulator should not be forced to buy six years of run-off insurance cover, CILEx Regulation has argued in a report for the Legal Services Board. It said that only firms which were actually closing should have to buy run-off cover.

The Bar Standards Board has accepted in principle all the recommendations of a hard-hitting report which found “highly variable” standards of advocacy in the youth courts. Only 52% of advocates thought they had sufficient knowledge of the youth justice system to do their job properly.

It is important that government plans to enhance the quality of criminal defence advocacy in publicly funded cases “should not be designed around one particular professional group”, the Legal Services Board has warned. The comments can be read as coded concern that some of the proposals seem weighted in favour of barristers.

The Ministry of Justice today laid out plans for a statutory ban on solicitors seeking referral fees from advocates in publicly funded criminal cases – even though it admitted that the evidence for the move was “largely anecdotal” – alongside another quality scheme for criminal defence advocates.

Regulation accounts for between 15% and 23% of the costs of law firms, money they would generally not bother spending if they were not required to, an indicative study by the Legal Services Board has found. However, the opposite was the case for lawyers practising as individuals.

Legal apprenticeships funded by the government are on course to start next September, the Solicitors Regulation Authority, Chartered Institute of Legal Executives and the Council for Licensed Conveyancers have confirmed.

Barristers’ call for a review of the standards of solicitor-advocates’ work in family cases has been received coolly by regulators, who have told Legal Futures they have seen no evidence of the kinds of problems that would justify an investigation.

Legal regulators have called on the government to make a series of changes to the Legal Services Act that will make it easier to approve and regulate alternative business structures. The move is part of the first output from joint work being done by all of the legal regulators to identify opportunities for deregulation.

The Quality Assurance Scheme for Advocates (QASA) is finally set to go ahead after the Supreme Court ruled that it was “the only way” to protect all members of the public involved in criminal proceedings “at an upper level”. But it has been claimed that the decision will make it harder for similar schemes to be introduced for other areas of law.