Orpin: Sector-wide view
The Legal Services Board (LSB) has launched a review to ensure there is not a repeat of the Mazur chaos with the five other reserved legal activities.
The oversight regulator will check the guidance issued by all the frontline regulators on the exercise of a right of audience, reserved instrument activities (primarily conveyancing), probate activities, notarial activities and the administration of oaths.
In July, the LSB published its final report about the guidance provided to the legal profession on the conduct of litigation, uncertainty over which was exposed by Mazur.
It found missed opportunities over the years to “clarify and address” the issues that came to a head in the Mazur case. Over the year, the guidance “varied in consistency, clarity and the level of detail”, and may have benefited from “greater cross-regulator engagement”.
The terms of the new review say: “The purpose of this review is to identify any issues with consistency, legal accuracy, clarity or adequacy of detail in published material providing guidance to the profession on the reserved legal activities (excluding the conduct of litigation) by approved regulators and regulatory bodies.
“The review will also look at consistency with the applicable legal and regulatory framework and whether any differences between regulators’ guidance are justified.”
The review will only consider current guidance – even though historical inconsistency formed part of the confusion in Mazur – and not assess the merits of the underlying legislation.
The report should be published in January.
LSB chief executive Richard Orpin said: “Clear, accurate and consistent guidance helps legal services providers understand and comply with their regulatory obligations, in turn supporting public trust and consumer confidence in legal services.
“As the oversight regulator, the LSB is uniquely placed to take a sector-wide view across the legal services regulatory landscape. That enables us to identify opportunities to improve clarity and consistency where appropriate.
“We will work closely with frontline regulators and representative bodies throughout this review. Ultimately, this work is about supporting high standards of practice and strengthening public confidence in legal services.”
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