Win tickets to the ATP finals
The Law Society said the idea of creating a financial services-style regulator over lawyers posed the “most serious threat” to the profession’s independence.
It would increase legal costs to consumers and would undermine public confidence in the legal process, it says.
In a counter-offensive to options for reform outlined by Sir David Clementi in his review of legal services, the society accepts that the regulation of solicitors can be improved.
The society, which represents 120,000 solicitors in England and Wales, says in its response to Sir David’s options for reform: “A paramount consideration of the review must be the retention of a legal profession independent of the executive. An independent legal profession is an essential feature of a democratic state.”
The society welcomes proposals to lift the ban on solicitors and barristers setting up shop on legal multidisciplinary practices and for law firms to have non-lawyers as partners and investors.
It also accepts that this would mean clearer separation between the Law Society’s regulatory and representative functions. But the Law Society should be the regulator of new mixed law firms, it says.
The Law Society also says that Sir David’s most radical option, for a Legal Services Authority which would act as an over-arching regulator for the legal profession, would open the door to direct involvement by government in regulation.
“Solicitors frequently act as a bulwark between individuals and abuse of power, or maladministration by the State,” it says. “There must be no question that a government who was, say, subject to repeated successful judicial reviews of its policies, could be in a position to influence a disciplinary decision concerning a particular solicitor or barrister.”
Board members, it added, must not be subject to removal or appointment by government.
The society should continue as a first-tier regulator, with a “light touch” oversight from a Legal Services Board, it says.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
36-month car lease
on contract hire for
£359.99 plus VAT pm
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
The UK's leading alternative to showroom finance.
Finance packages tailored to your needs.
Minimum loan of £15,000
Car Insurance
c£100,000 + car, bonus & bens
Lord Search & Selection
Midlands
Competitive
Barclaycard
Competitive
EVERSHEDS
London and Manchester
£80-95,000
Clay McGuire Executive Selection
Moments from Battersea Park.
For sale with Winkworth.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.