Representing the profession

Supported by a network of specialist voluntary committees

Our Council is supported by committees of experts covering different areas of law, all of whom are solicitors. The committees are the Society's primary source of intellectual knowledge. They review and promote improvements in law, practice and procedure, consider matters referred to them and represent practitioner associations. Committee members are solicitors who conduct this role on a voluntary basis.

Working with specialist groups, networks and associations

We maintain close working relationships with organisations that represent solicitors' special interests, whether demographic, such as the Association of Women Solicitors, the Black Solicitors Network and the Association of Muslim Lawyers, or sectoral, such as Solicitors in Local Government and the Commerce and Industry Group.

Dialogue with government

We maintain a dialogue with government ministers and with policy and decision makers at all levels on behalf of the profession. This role assumed extra significance in the lead-in to the 2010 general election as we sought to influence the election platforms of all the major political parties. Our manifesto called on all political parties to defend meaningful access to justice for all, to defend the rights of the people, to work for good governance and better law-making and to support and encourage a strong and independent legal services sector.

Pre-election we engaged in a constructive and informative discussion with the entire Conservative front-bench justice team, and chief executive Des Hudson joined senior representatives of the three main political parties for a debate on the future of legal aid.

Lobbying for better laws

Clear and accessible legislation is the key to balancing the rights and obligations of citizens in a democratic society. As well as lobbying MPs and peers from all parties at Westminster we lobby politicians in the Welsh Assembly and the European Parliament on significant areas of law to make sure that they are effective and workable. We work on a large number of public bills every session. Briefings are usually produced for Second Readings, as well as more detailed briefings and amendments for parliamentarians to table at Committee and Report stages. We produce a commentary on the Bills in each Queen's Speech and brief MPs and peers on it.

Intervening in our members' interests

Solicitors are no longer compelled to continue acting for a client who insists they put forward arguments in court which they consider to be improper or wrong, after the Law Society intervened in a Court of Appeal case over the issue (Buxton v Mills-Owen).

In January 2010 we issued a groundbreaking legal action in an attempt to overturn what we believe to be unfair and unlawful new government regulations. The regulations, which came into force in October 2009, prevent successful defendants in criminal proceedings from recovering all their costs, effectively capping the costs which successful defendants can recover at legal aid rates. We issued a practice note to assist solicitors who are representing successful criminal defendants in this situation.

Responding to regulatory proposals

Seeking solicitors' views

We seek solicitors' views on proposed new regulations and measures that will, or are likely to, affect them.

Lord Justice Jackson has recommended sweeping changes to litigation funding and solicitors' costs. We have concerns over the possible effect on access to justice and the impact on solicitors' business models and income streams and we are consulting closely with the profession so that we represent practitioners' views accurately when we respond to the proposals.

We ensure that solicitors' interests are represented vigorously in response to regulation proposals. We published a survey of firms' views of the performance of the SRA.

As part of the SRA's review of the assigned risks pool, we successfully lobbied the SRA to propose an amendment to the rules relating to 'successor practice' to allow a firm that is to cease by way of a succession, to elect to trigger run-off cover. We successfully opposed the proposed abolition of the assigned risks pool, but supported proposals to reduce both the types of firms that are eligible for assigned risk pool policies and the duration of those policies.

We supported proposed changes to the rules governing conflicts of interest and the duties of confidentiality and disclosure.

We responded to the SRA's Agenda for Quality consultation, which sought to ensure that the SRA regulated according to risk and only intervene where necessary. It is essential, in particular, that the regime governing the profession should be proportionate and not place burdens which are either unnecessary or not appropriately targeted to the risk.

Securing an appropriate regulatory environment

We are committed to ensuring that all regulation of the profession is proportionate, its impact is properly targeted, it enhances public confidence in the reputation of the profession, and it sustains high standards. Over recent years the way lawyers are regulated has changed considerably. The Legal Services Act 2007 has paved the way for the creation of alternative business structures which will allow non-legal entities to realise synergies with legal firms by offering integrated professional services. We have lobbied the LSB and the SRA to ensure that the regulatory system for alternative business structures is proportionate and ensures a level playing field for all practitioners.

During the last year we commissioned two reports on the future of regulation. Nick Smedley reviewed whether the current arrangements for the regulation of corporate legal work were appropriate, and Lord Hunt of Wirral examined how best to regulate lawyers generally in this new environment.

Both reports strongly recommended a shift towards tailored regulation which places more responsibility on firms to manage their own compliance with regulatory requirements. The aim is that the future regulatory system should be targeted, proportionate and outcomes-focused. It should also be operated by an expert and empathetic regulator.

Outcomes-focused regulation

We have established a group comprising solicitors from all parts of the profession as well as members from the SRA, academia and non-legal regulatory backgrounds to develop leading edge thinking about the regulation of those who provide legal services, with particular attention paid to how to best implement OFR throughout the solicitors' profession. The SRA is aiming to implement OFR by the end of 2011. We worked closely with the SRA to ensure that the profession had the opportunity to be well-informed about the SRA's consultation in order to respond effectively to it.

AML regime

We continue to lobby for a proportionate and fully risk-based AML regime so that solicitors in England and Wales are not disadvantaged by unnecessary red tape. This year we responded to surveys from HM Treasury and the European Commission, helping these agencies obtain direct contact with firms to hear about solicitors' concerns first hand.

Leading debate on the future for law firms

We host discussion events bringing together business leaders from the legal profession and potential partners and investors, policy makers and high-profile speakers. Debate is focused on the construction of a successful and sustainable legal services sector for the twenty-first century, exploring the commercial structures, regulatory environment and global economic framework within which legal businesses operate.

Defending human rights

We campaign to defend human rights and support the freedom and independence of the legal profession in jurisdictions where those fundamental principles are threatened.

This year we gave public backing to the Malaysian Human Rights Commission's report which found that the arrest and detention of five legal aid lawyers was unlawful and a violation of their human rights.

We continue to work on other initiatives around the world. Through our International Action Team more than 500 pro bono lawyers and law students contribute to human rights activities. Recent work has contributed to interventions in India, Russia, Iran, USA, Syria, China, Venezuela, Turkey, Colombia and Mexico. We have also developed a half-day programme on making a career in human rights.

We recently held an inaugural human rights symposium at the University of Essex which was attended by approximately 100 lawyers, students and academics.