Presidents and secretaries conference 2012
Law Society vice president Lucy Scott-Moncrieff
I'm delighted to see you all today and to see so many familiar faces; if I have not already met you on my travels I hope I will do so during the next year.
I want to develop John's comments about the task ahead, and also pay tribute to his determination and imagination during his year as president. He has played a major role in creating a way for the Law Society and SRA to work together, in their different ways, in the interests of the profession, so that the profession may continue to act in the interests of its clients and the public.
As DVP, and then VP I have had the privilege of watching Linda and John as they have grappled with the complexities of the presidency, and one thing is very obvious....a very large part of the President's task is to further the decisions of Council, which is the democratic heart of the Law Society. It is therefore vitally important that Council members are aware of the views of the profession on the issues of the day, which means that you and your members need to keep them informed.
Often the President is taking forward general policies rather than specific ones, for instance to protect the brand of solicitor, and here as well the views of the membership help inform Council's views on how well the President is doing. So please use your Council members, and also, of course, use the regional managers, who are here to help and who are not only effective communication conduits but also very knowledgeable about what is going on.
These days, presidents have to have a presidential theme, and mine is 'a diverse profession for a diverse society'.
We can all be proud of the fact that our profession is demographically diverse and that talented and determined individuals from all backgrounds can enter the profession and do well in it, but of course there is always more to be done in this area and improving access to the profession at all levels will continue to be an important part of our work. However, today I want to talk about diversity in delivery of services, and in particular about delivery of services to individuals by high street and niche firms of all sizes.
Because it is something I profoundly believe, some of you will have heard what I am about to say before....maybe several times, so I apologise in advance for repeating myself, but the point is worth repeating: one of the glories of our system is the network of firms providing access to skilled and professional legal advice to those who need it. It seems to me to be a remarkable and admirable thing that it is still possible, even commonplace, for a new client to be able to make an appointment with a firm and find him or her self seeing a highly experienced solicitor, perhaps a partner, without having to go through layers of triage.
Increasingly, legal services will be provided in a variety of ways, and there will be some people who will prefer on line or commodified services, which is fine, and it is good that the choice is there for them. However, there will always be those who prefer something more personal, who are comforted by the convenience and reassurance that local firms can offer, and we at the Law Society want to do whatever we can to support this network, which is under pressure from some many different directions at the moment.
There are several strands to consider:
We must continue to work with the SRA to ensure that regulation is proportionate and takes account of all the ways in which good solicitors provide good services to their clients. This means that we need to make sure that the SRA does not make unreasonable demands and also means that we have to make sure our members have access to advice so that they do not feel overwhelmed by what they perceive to be the SRA's requirements. We recognise that worrying about what we think the SRA expects from each of us can be exhausting and debilitating and our risk and compliance service is intended to offer both guidance and reassurance about what is actually required of you.
We then need to look at what we can do for ourselves, but not necessarily by ourselves.
There are now nearly three times as many solicitors as when I qualified, and we are not all chasing the same amount of work....we are very successful at adapting; finding new markets, moving into new areas of work, making ourselves indispensible to new individuals and organisations needing our expert help and advice. Life is increasingly complicated and we will continue to have a role helping people navigate some of those complications. We can all see that now is a time that demands particular inventiveness, but although this is a prospect that many of us may not relish, it is not one we should fear.
The Law Society is about to start a big debate in which we hope the whole profession will join. There will be two strands to the debate.....firstly, how can solicitors adapt to changing circumstances caused by LASPO, the recession, the Legal Services Act etc., and second, how can we seek to ensure that access to justice for those on low incomes remains a reality and not just a dream.
We need to think about:
Reconfiguring firms and organisations: there may be ways of working differently that will give access to new sources of funding.
ABS may have arrived in the nick of time to help us. The important thing to realise about ABS is that, so long as the SRA is satisfied that a new business is structured and staffed in a way that protects clients and protects the independence of the profession, anything goes. This means that we can be inventive in exploring new options......for instance community interest companies may be an interesting way forward that will offer opportunities to apply for grants etc.
There also may be ways of allowing firms to work together to their mutual benefit without losing their distinctive identities or their independence.
All the initiatives for unbundling, hub-and-spoke working, providing brief bits of paid-for time, etc need to be developed and publicised.
Identifying ways of reaching people who would not consider using a solicitor to help them, either because they don't realise that a solicitor could help them with their problem, or because they are afraid of the cost, or of not understanding, or being patronised.
It is our job to show them that we can help and are both affordable and trustworthy.
Identifying new sources of funding.
Could household insurance expand?
Could philanthropic organisations provide strategic funding to overcome barriers to more effective working?
Could commercial firms with a commitment to social welfare law use their resources to work with firms to maximise the impact of what is left of legal aid? Judicial review and routes through the telephone gateway seem potentially fruitful areas.
Finding a direct way of improving access to justice.
Could commercial firms work with other agencies to hold public bodies to account, so as to reduce the number of individuals having to challenge mistakes by public bodies on welfare, housing, education, access to services and immigration.