Solicitors

The proposed Quality Assurance Scheme for Advocates threatens the independence of advocates, a senior judge claimed yesterday. Lord Justice Moses argued that quality of advocacy is best assured through compulsory training and more active reporting of poor advocates by judges.

Our latest news round-up reports on a barrister jailed after stealing £72,500 from his chambers, more problems with the SRA’s online PC renewal system, surveys on fixed fees and compliance, and the appeal court upholding a ruling against a firm innocently caught up in mortgage fraud.

The Solicitors Regulation Authority has so far received more alternative business structure applications than it expected, chief executive Antony Townsend admitted yesterday. He also suggested that there will in time be growing momentum towards consolidating the eight current legal regulators into one.

Lawyers were this week told not to be discouraged from embracing social media after a barrister who was among the legal pioneers on Twitter was fined for messages he posted on the service. However, the case does raise questions over the role of regulators in policing lawyers’ activity on Twitter.

The government is to consider tightening up the ban on referral fees in personal injury and also introducing statutory regulation of third-party litigation funding, it confirmed yesterday. It also clarified whether payments can be made for solicitor-to-solicitor referrals under the ban.

The government needs to provide further clarity and guidance on how the ban on referral fees will operate in practice, the Solicitors Regulation Authority has warned. Issues such as the definition of a referral fee need to be resolved.

Our regular news round-up reports on a jailed solicitor’s appeal against his seven-year sentence, an SRA update on PC renewal, Integreon’s new LPO facility, the new Law Society advocacy section, pressure on HSBC over conveyancing and Herbert Smith expanding in Belfast.

Around 15 claims of race discrimination against the Solicitors Regulation Authority will be launched shortly, arguing that it treats black and minority ethnic solicitors less favourably than white counterparts, the Society of Black Lawyers has claimed.

The time is coming when the distinction between solicitors and barristers will be “more a matter of tribal culture than function”, the Law Society president has predicted, with common education, training and even potentially regulation on the agenda.

Work is needed to determine whether solicitors who offer contingency fees could find themselves on the hook for a successful defendant’s costs, Lord Justice Jackson said last week. He said a working party might be needed to resolve outstanding issues.

The Law Society and Solicitors Regulation Authority have been granted leave to intervene in a High Court case on whether professional indemnity insurers should be able to effectively cap cover by aggregating claims against a firm – with a bill of £50m at stake.

Our latest news round-up reports on the SDT’s sanction on Andrew Crossley for letters sent to alleged file-sharers, the question of forcing out older partners reaching the Supeme Court, the SRA warning solicitors who take on PPI cases, and the latest on practising certificate renewals.

The requirement for compliance officers in law firms to consent to their appointment will be a “powerful tool” to ensure they are listened to, it was predicted last week. Firms were also told that they are likely to need a “compliance plan” as evidence of their approach to outcomes-focused regulation.

There is no regulatory justification for retaining the 30-year-old policy of minimum salaries for trainee solicitors, the Solicitors Regulation Authority has said. It also admitted to concerns that the Legal Education and Training Review’s timetable is too tight.

Solicitors and insurers should share equally any exposure to the assigned risks pool in the 2012-13 indemnity year to ensure insurers have “skin in the game”, the Law Society is to urge. However, the profession’s liability could still reach £30m.