Legal Services Act

Details of investors in alternative business structures that will be made public should include the beneficial owner but might exclude the names of people with a “significant influence” over the business, the Legal Services Board has proposed.

Half of charities have experienced a poorly drafted will from a will-writer, a new survey has revealed – but a third have also seen shoddy work from a solicitor. A survey of over 50 charities by Remember A Charity found unanimous support for regulation of the will-writing sector.

The recession has encouraged in-house lawyers to make more use of what they see as a new, business-minded Bar by instructing them directly, research has revealed. The report, commissioned by Hardwicke Chambers and conducted by Legal Futures Associate Jures, found greater expertise and better value for money than solicitors were also factors.

The Legal Services Board has unveiled plans to ‘mystery shop’ solicitors and will-writers as part of its research into the market – and is looking for a panel of both to assess the quality of what is produced.

A decision by the Legal Services Board (LSB) on whether will-writing should become a regulated activity will not be made until 2012, it emerged today. The LSB’s draft business plan 2011/12, published today for consultation, revealed that the board is also considering what it calls a “deep dive” investigation of conveyancing.

The Land Registry is to change land registration legislation to ensure that alternative business structures can compete effectively with traditional law firms. It says the prospect of increased competition is potentially good for consumers.

The Law Society is considering a scheme to shore up the position of compliance officers who could find themselves personally exposed under the Solicitors Regulation Authority’s (SRA) proposed handbook. Chief executive Des Hudson also raised concerns over the SRA’s progress towards outcomes-focused regulation.

Lawyers have warned the Legal Ombudsman (LeO) that some clients will end up unrepresented if he adopts a complaints process that involves ‘naming and shaming’. Fear of reputational damage would have a chilling effect on taking on clients perceived to be ‘risky’ and adversely impact on lawyers whose social conscience led them to offer help, they said.

The Solicitors Regulation Authority has outlined the steps that law firms are able to take under the current rules in preparing to become an alternative business structure. It has updated its July 2009 guidance that just highlighted what solicitors should not do.

The Legal Services Board (LSB) is set to probe how independent the Solicitors Regulation Authority truly is from the Law Society. In letters to both bodies, LSB chief executive Chris Kenny said its focus would be on ensuring that “independent regulation is being delivered in practice”.

The impending legal aid cuts make it a greater priority than ever to ensure poorer people complain if legal services deteriorate, the Legal Ombudsman has declared in the wake of a government decision to scrap a duty on public authorities to reduce inequality caused by socio-economic factors.

Growing student debt means the length of time would-be lawyers spend studying needs to shrink, the chairman of the Legal Services Board has declared. David Edmonds also floated the idea of adopting the accountants’ training model, in which professional training takes place during full-time employment, while appearing to throw cold water on the idea of aptitude testing for students before they begin postgraduate legal education.

TV property guru Sarah Beeny has welcomed alternative business structures as a “positive step forward” so long as they deliver increased choice, lower prices and better service for consumers – but warned that their regulation must be robust to maintain standards.

The Bar is “out of step” with fellow regulators over its operation of the criminal standard of proof in its disciplinary tribunal, a Bar Standards Board meeting in London was told yesterday, potentially causing problems with the admissibility of regulators’ disciplinary findings in the post-ABS world. Meanwhile, the board also argued about the strength of the disciplinary sanction for failing to meet continuing professional development requirements.

Legal Services Board (LSB) chairman David Edmonds will tomorrow back a review of legal education and training but warn that he expects it to be far-reaching, Legal Futures has learned. However, we understand that the LSB had originally planned to conduct the review itself, but has been persuaded to let the Solicitors Regulation Authority, Bar Standards Board and ILEX Professional Standards take the lead under the LSB’s oversight.