Solicitors

A Solicitors Regulation Authority (SRA) committee has approved a range of alternatives to the “sledgehammer” of intervention in troubled law firms, even though they pose a greater risk of default or increased loss. The SRA’s compliance committee backed approaches such as targeted practising certificate conditions and giving firms limited time to correct breaches, transfer or close altogether. In some circumstances, pre-packaged administration might be appropriate.

The chief executive of the Legal Services Board (LSB) has issued a robust defence of its plans to require every firm and chambers to carry out and publish an annual workforce diversity survey. Chris Kenny confirmed that the LSB was not talking about imposing quotas or targets, nor publishing a sector-wide league table, but said such information “will enable individuals and researchers to better hold firms to account through highlighting the best and worst performers – and the nature of the gap between them”.

The Bar Standards Board (BSB) should be the sole regulator for advocacy, the chairman of the Legal Services Board has said. Speaking at a BSB-organised session at Saturday’s Bar Council annual conference in London, David Edmonds said he agreed with the Master of Rolls, Lord Neuberger, who had earlier told the conference that the number of regulators “all regulating [advocacy] is ridiculous” and that if the 2007 Legal Services Act “does not lead to activity-based regulation, it will have failed”.

After all the predictions of solicitors’ professional indemnity insurance (PII) premiums going through the roof, figures from the Solicitors Regulation Authority show a 15% fall across the profession for 2010/11, back to pre-recession levels. However, there has been a massive 57% jump in the number of firms in the assigned risks pool.

The Solicitors Regulation Authority (SRA) and Office of Fair Trading (OFT) have each pledged around £30,000 to support the Legal Services Board’s (LSB) research into the will-writing market, Legal Futures can reveal. However, the Law Society has declined to contribute, citing concerns over the impact its involvement could have on how the impartiality of the research is viewed.

The Law Society has begun laying down the red lines beyond which it will not be able to support alternative business structures (ABSs), Legal Futures can reveal. The society’s regulatory affairs board has highlighted a variety of issues that it expects to see addressed if it is to judge the arrangements for ABSs satisfactory, including effective controls on the fitness to own of prospective external owners.

Solicitors are set to shoulder the vast majority of the Legal Services Board (LSB) and Legal Ombudsman’s (LeO) £25m annual running costs for the next three years at least, it emerged today. The LSB confirmed that it would proceed with its plan to levy its own £5m costs on the basis of the number of authorised persons overseen by each approved regulator, and most of LeO’s £20m costs based on the number of complaints generated by each group.

There are 383 law firms currently in the assigned risks pool, the Solicitors Regulation Authority has revealed. The news comes as the Association of British Insurers (ABI) gave a strong welcome to an independent report on the need for reform of professional indemnity insurance, saying the market can no longer tolerate periodic crises caused by a combination of “poorly enforced regulation and restrictive policy requirements”.

The escalating cost of professional indemnity insurance may mean the total premium pot for solicitors approaches £300m this year, the first time it will have exceeded the last contribution to the Solicitors Indemnity Fund, a leading broker has predicted. The news comes as a report on PII commissioned by the Solicitors Regulation Authority recommended a range of reforms to the scheme, including removing the minimum terms and conditions in relation to commercial clients, ending the single renewal date and no longer requiring insurers to cover firms that have not paid their premiums.

Solicitors have generally seen a “substantial increase” in their professional indemnity insurance (PII) premiums this year, the Law Society has reported. The society’s PII helpline also received complaints about short deadlines to accept quotes, variable quotes from the same insurer and brokers being “less than truthful” with solicitors.

The chairman of the Legal Services Board has called on the Solicitors Regulation Authority (SRA) to be more flexible in its approach to law firms which are looking to do deals with external investors before alternative business structures (ABSs) become a reality on 6 October 2011. In a major speech, David Edmonds also suggested that the rules which prevent solicitors having unregulated separate businesses carrying out unreserved legal work are anti-competitive.

Over half of all law firms have either lost business to a non-lawyer competitor or expect to in the future, a new survey from accountants Baker Tilly has revealed. Some 29% of firms with 25 partners or fewer had already lost business to a non-lawyer competitor, compared to 12% of larger practices.

There has been a 47% jump in the number of solicitors struck off and the figure is now at its highest for over a decade, the Solicitors Disciplinary Tribunal has revealed. Some 84 solicitors were removed from the roll in the year to 30 April 2010, compared to 57 in the previous 12 months. It is the highest number since at least 1999, which is the furthest back Legal Futures has been able to trace.

Solicitors’ firms put off becoming limited companies by the complexity of conversion from partnerships are missing out on “very substantial” tax savings, according to one former firm that incorporated successfully three years ago.

The updated draft of the single Handbook that will govern both traditional law firms and alternative business structures from October 2011 is being unveiled today by the Solicitors Regulation Authority (SRA). This is the last opportunity to comment on it. The latest stage in the SRA’s move to outcomes-focused regulation also includes a call for the Legal Services Board to extend the definition of reserved legal activities to cover all “solicitor activities”.