Representing the profession

'The Law Society has taken an objective, professional view of the matter, not a politician’s view. The [Law Society's] guide [to the Lisbon Treaty] offers a clear elucidation of what the Treaty contains.'
Michael Connarty MP, chair of the European Scrutiny Committee, House of Commons

 

Representing solicitors' views to the regulators

The Legal Services Act includes many important amendments promoted by the Law Society that will ensure that the Legal Services Board (LSB) is not government controlled, and does not supplant existing professional regulators.

In an important move towards the introduction of the new regulatory system the Law Society has delegated its rule-making powers to the SRA. However we retain important responsibilities to ensure that regulation functions are carried out effectively and provide value for money. We lobby the SRA extensively to ensure the interests of the profession are taken fully into account, and scrutinise SRA activities to ensure they are carrying out their functions properly.

One current issue that we shall be watching closely is the SRA's response to Lord Ouseley's review of disproportionate regulatory outcomes for black and minority ethnic (BME) solicitors.

 

Responding to proposals for rule changes

The Society responded to the SRA's proposals for rule changes to implement legal disciplinary practices, which will pave the way for alternative business structures and allow solicitors to take non-solicitors into partnership. We will provide guidance for the profession well in advance of the rules coming into effect.

We have been engaging closely with David Edmonds, chair of the LSB, seeking to ensure that the Board will act in a transparent, proportionate way.

The Law Society is strengthening its role representing solicitors on regulatory matters and will announce a number of programmes looking at major regulation issues and developing policy to ensure that solicitors remain competitive while maintaining the value of the brand.

 

Representing solicitors' views to government

We successfully argued to the government and the European Commission that UK implementation of the EU's third money laundering directive should be proportionate and risk-based so that solicitors in England and Wales were not disadvantaged by unnecessary red tape.

 

Small claims - fast and fair

Our Fast and fair campaign persuaded the government to abandon a proposed increase in small claims limits to £5,000 for personal injury and housing disrepair. The move had threatened to decimate the personal injury sector in particular.

 

A surveillance society?

Following press reports of routine bugging of conversations between solicitors and their clients at Woodhill Prison, Milton Keynes, we called on the government to provide a new legal framework to protect solicitors and their clients, and for a review of legal and practical safeguards.

The Home Secretary gave his assurance that the Society would be invited to contribute to the development of future policy.

 

Defending legal professional privilege

The Law Society is seeking leave to intervene in an appeal at the European Court of Justice by Akzo Nobel against a ruling that legal professional privilege does not apply to communications between company personnel and in-house lawyers in EU cartel investigations. We will continue to defend this principle which is fundamental to the unique role of the profession.

 

Leading the Welsh legal sector

We are consolidating our role at the forefront of the legal sector in Wales, lobbying on and scrutinising new Welsh laws and securing a strengthening of provisions in the NHS Redress (Wales) Measure, the first ever Assembly Measure. The sources and types of Welsh law which exist are complex and we are working with the Welsh Assembly government and others to simplify access to Welsh law for our members.

 

Consulting on civil litigation funding

The Society has worked closely with the Civil Justice Council on regulation for third party funders. Given that the government and the Master of the Rolls have announced reviews of costs and conditional fees, the Society will soon consult solicitors to seek their views, in particular on the extension of contingency fees to contentious work and on whether solicitors should be able to act as third party funders.

 

Improving the Civil Procedure Rules?

The Civil Procedure Rules revolutionised the way litigation is conducted when they were introduced almost ten years ago. While they have been widely hailed a success, they have also been subject to some criticism.

We successfully argued against the introduction of a general pre-action protocol. To explore whether the Rules can work better we are facilitating a forum of all stakeholders that we hope will generate constructive proposals to be considered by the Ministry of Justice (MoJ) and the Civil Procedure Rules Committee.

 

Putting your case on collective redress

The Society worked closely with members and stakeholders to develop its policy and contribute to the debates on collective redress and class actions. There is still much to be done to achieve a collective redress procedure that improves access to justice for many but at the same time is fair to both claimants and defendants.

 

Human rights

We campaign in support of solicitors in jurisdictions where human rights and the rule of law are under threat. In the last year these countries have included Zimbabwe, Nigeria, Pakistan and Kenya. In 2007 we set up an International Action Team through which solicitors and law students can get involved with human rights work.

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