The Law Society supports the Government’s announcement that it will implement reforms to the legal profession recommended by Sir David Clementi.

However, the Government is being urged not to miss this opportunity to protect the public from unregulated, rogue legal advisers. 

Edward Nally, Law Society president, said;

"Modern business structures and the new regulatory framework will create a dynamic legal market offering a better deal for consumers and fresh opportunities for solicitors.  We hope the Government can move quickly to bring forward the necessary legislation to allow new forms of legal practice and the other recommendations of Sir David Clementi.  Delay would frustrate consumers and thwart many of the imaginative changes that the legal profession itself wants to implement."

Commenting on the new regulatory framework, Mr Nally said; “Any new regulation needs to preserve the independence of the legal profession from Government.  Lawyers must operate fearlessly and unfettered from Government control when they have to stand up for citizens against the State.”

Mr Nally continued; "The Law Society has already made significant progress on the recommendations made by Sir David Clementi by separating its roles representing and regulating solicitors.  In September, we will have two new Boards in place to deal with regulation and consumer complaints respectively.  Each Board will have significant lay involvement and be fully appointed under Nolan principles. This is the right way of ensuring a regulatory partnership between the profession and consumers.

"However, the Law Society wants to see an end to people being pressurised by claims management companies and other unqualified legal advisers into agreements to pursue claims and into buying unsuitable loan and insurance products to fund legal actions."

Janet Paraskeva, Law Society chief executive, re-iterated the Society’s view that the Government should regulate rogue claims managers who fail consumers; 

"We have been urging the Government for years to deal with the problems caused by unqualified claims managers and will writers.  At present, consumers have no protection against the activities of these advisers and no comeback when things go wrong.  Their activities erode consumers' confidence in legal services and fuel concerns about a compensation culture.  I hope the Government will step in immediately to ensure these providers are regulated effectively."

Notes to editors

The Law Society regulates and represents the solicitors’ profession in England and Wales
and has a public interest role in working for reform of the law. 

For more information call the Law Society Press Office on 020 7320 5884.

  Related articles:

- Champions of the changing face of regulation
25 February 2005
The Law Society is searching for high calibre lay people and solicitors to be members of its new regulatory Boards. In January, the Law Society Council decided to establish two new boards to oversee the Society's regulatory responsibilities.

- Law Society to set up separate bodies for regulation and consumer complaints
Thursday 20 January 2005
The Law Society is to set up two separate bodies to deal with regulation and consumer complaints. They begin work in January 2006. Law Society president Edward Nally said the decision shows the Society is 'modernising its governance and regulation of the profession'.