Solicitors

Personal injury claims and other low-value legal matters should be “delawyered” to some degree, former Lord Chancellor Lord Falconer has argued. The peer, who was the architect of the Legal Services Act, said alternative business structures would help in this process. Welcoming the “commoditisation” of personal injury work, he said it is “fundamentally a good thing that the market should only be charged what the service requires”.

The Legal Ombudsman (LeO) will seek to determine complaints that cross over into professional negligence, it has emerged. Chief ombudsman Adam Sampson said that while its predecessor bodies, such as the Legal Complaints Service, would shy away from complaints about the quality of legal advice offered, the Legal Services Act “makes no mention of any such limitation of our powers”.

The Law Society is to enlarge the board of the Solicitors Regulation Authority so as to introduce parity between the number of solicitor and lay members in a deal struck with the Legal Services Board. It follows a similar agreement between the LSB and Bar Standards Board, whose offer to introduce parity on the road to a lay majority has been accepted.

Former Linklaters partner Nick Eastwell was today announced as the Solicitors Regulation Authority’s (SRA) first ever chief adviser on City law firms. Mr Eastwell, who spent 29 years with Linklaters, 21 as a partner, will act as a “bridgehead” between the SRA and City law firms, providing expert advice to the SRA executive and board.

There is widespread ignorance of the differences between legal services providers and consumers are shocked to discover not all of them are regulated, research commissioned by the Solicitors Regulation Authority has found. Consumers expect “all legal service providers to be appropriately skilled, qualified and regulated” and so distinguish between providers on such things as customer service and the quality of relationships.

The Prime Minister today attacked lawyers for helping to create a compensation culture and promised to “curtail the promotion activities” of claims management companies. Among the other solutions which the government is to investigate following the Young review is a road traffic-style claims process for all low-value personal injury claims, including clinical negligence, while the Jackson report has received strong support too.

Regulators should consider making diversity training mandatory for senior partners and line managers in law firms, say academics after research uncovered a complex web of barriers between minorities and women, and the upper reaches of the legal profession. The findings will be backed up by a forthcoming study into pay disparity by the Law Society that has uncovered “a kind of structural inequality”.

The Court of Appeal has today unanimously confirmed that legal professional privilege does not apply to any other professional except solicitors and barristers. It follows a case in which the Law Society and Institute of Chartered Accountants in England and Wales intervened on opposite sides.

Solicitors should not be allowed to enter into any binding contracts for the sale of a law firm to a non-lawyer investor ahead of 6 October 2011, the board of the Solicitors Regulation Authority will be told this week. Certain conditional contracts should be off-limits too because they threaten the independence of law firms.

Some 37 law firms in the assigned risks pool have closed since August, with a further 10 in the process of shutting their doors, the Solicitors Regulation Authority reported today. The firms have come to the end of the two years they were allowed to be in the pool.

The Law Society will this month unveil a £4m conveyancing quality scheme that aims to help solicitors maintain market share and improve profitability. At the centre of the scheme will be an updated conveyancing protocol to which all members will have to adhere from 1 April 2011, alongside core practice management standards.

The anticipated deluge of law firms entering the assigned risks pool has not materialised, but the numbers are still large, Legal Futures can reveal. But they will fall over the next month as firms can backdate their insurance if they find it by the end of October.

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.

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.

The Equality and Human Rights Commission is host a meeting between the Law Society, black and minority ethnic solicitors, and professional indemnity insurers in a bid to agree a plan of action to improve insurers’ equality practices. It was called in after the Law Society judged insurers’ response to examples of alleged discrimination in the 2009 renewal process to be “wholly inadequate”.