Solicitors

The Law Society has urged solicitors to protect themselves against the new terms of business being introduced by the Bar next week because they are “weighted strongly” in favour of barristers. From 31 January the traditional default system of non-contractual terms will be replaced.

The Solicitors Regulation Authority is confident of its interpretation of the referral fee ban but simply cannot give the level of clarity over which business models will comply that many want, the official leading the work said yesterday.

The scale of non-compliance with the SRA over COLPs and COFAs became clear yesterday, with 152 firms now facing enforcement action for failing to complete their nominations, and the revelation that 1,200 nominees did not declare “potentially relevant issues” – including undisclosed criminal convictions, serious disciplinary sanctions and undeclared bankruptcy.

The board of the Solicitors Regulation Authority will tomorrow be asked to confirm an outcomes-focused approach to implementing the referral fee ban, along with a commitment to develop guidance “as our knowledge of different schemes increases” – although this will fall short of ‘safe harbour’ advice.

Some barristers are worried that boycotting the Quality Assurance Scheme for Advocates will lead to their committing a criminal offence by practising without authorisation, the chairman of the Criminal Bar Association has revealed. Meanwhile, the first wave of judicial training on the scheme has been successfully completed.

Regulators need to speed up their processes for approving alternative business structures, the Office of Fair Trading said today. It also called for further simplification of the complaints system, recommended actions to increase the number of available pupillages and gave cautious support for the move away from title-based regulation.

Not all alternative business structure applicants have understood what is required of them, which in part explains delays in approving some licences, the chief executive of the Solicitors Regulation Authority has said in a robust defence of the regulator’s performance that also dealt with compliance officer approvals.

The six circuits have each called meetings of heads of chambers to discuss whether to boycott the Quality Assurance Scheme for Advocates (QASA), it has emerged. The leader of the south-eastern circuit said two aspects of QASA remain “entirely objectionable”.

Completion of the much-anticipated Legal Education and Training Review has been delayed, it has emerged. The academic team compiling the report after 18 months of research and consultation was meant to have delivered it by the end of 2012.

Controversial rule changes that scrap the minimum salary for trainee solicitors and allow solicitors to refer clients to tied financial advisers were approved last month by the Legal Services Board. In both cases the LSB found that there was no reason to refuse the applications.