Legal Services Act

The body representing senior council lawyers has called on local authority legal departments to make “a step change” in the way they work as they face up to the so-called age of austerity and the opportunities offered by alternative business structures – including the possibility of management buy-outs.

Daniel Curran looks at how ABSs could improve the offering in the wills and probate market, and where probate genealogists fit in with the mix. On the face of it, he says, this should be one area where the benefits of the ongoing reform of legal services regulation should be most keenly and most beneficially felt by consumers.

The Legal Services Board (LSB) has confirmed that it does not back reinstating the ban on referral fees but said that instead all agreements between lawyers and their introducers should be published. As first reported on Legal Futures last month, the LSB said today that there is insufficient evidence to make the case for a ban, but that transparency and disclosure need to be improved. It also said there should be the same rules for the different parts of the regulated legal market so far as possible.

Too many lawyers have lost touch with what clients are really looking for and need to do more to create value for their clients, legal strategy expert Stephen Mayson has claimed. He also argued that major law firms need to rethink their cost base as “stripping out cost, based on the traditional ways of working, has gone about as far as it can”.

Barristers need some carve-outs from the requirements to tell clients about their complaints procedure, the Legal Services Board is to be told. The Bar Standards Board suggests that the drafters did not understand the realities of barristers’ practice.

The Legal Ombudsman (LeO) today reopened the debate about whether the details of complaints against lawyers should be published, including their names, with a strong endorsement from the Legal Services Consumer Panel that they should. In a discussion paper that seeks views on how it should approach the publication of complaints data, LeO says a naming policy could benefit consumers and lawyers, but that there could be unintended negative consequences too.

It is “absolutely inevitable” that criminal legal aid practices will need to morph into a cross between a solicitors’ firm and barristers’ chambers, one of the founders of a groundbreaking firm in the north-east of England has claimed.

The Bar Standards Board (BSB) will become a specialist regulator of entities providing advocacy services, if proposals set out today are approved. Under the plans, BSB-regulated entities could not have passive investors, would need a majority of managers who can practise as advocates in the higher courts, and could only have a maximum of either 10% or 25% of non-lawyer managers.

Volume conveyancers are reaching out to all “serious” conveyancing practitioners in a bid to form a new representative body for the sector. The Conveyancing Association – which has grown out of the Direct Conveyancing Association – launches today with a rallying call against restricted lender panels and for conveyancers to respond to the impending challenge of alternative business structures.

Our weekly round-up of other relevant news from elsewhere finds alternative business structures on the minds of virtually everyone, whether in England, Scotland, Canada or the USA. If one theme emerges, it is that everyone is waking up to the threats and possibilities inherent in them.