There may well be risks in the ABSs: the influence of outside ownership, profit over professional standards, commodification of legal issues, fewer firms in rural areas and in high streets, and unacceptability of our legal practices abroad where other nations have more careful professional rules. No less a person than Sydney Kentridge has said that in apartheid South Africa there were frequent threats from the government to place the Bar under the control of a central council with government nominated members. The legislative framework for the regulation of legal services in England and Wales is set out in the Legal Services Act 2007 (LSA). More than that, it is arguable that the Bar was caught up in the slipstream of the criticisms that were levelled at the handling of complaints by solicitors, and the heavy structure of the 2007 Act is not suited to as small a profession as the Bar. It seems to me that the preservation of a distinct profession of barrister is actually in the interests of the public, because the barrister can and will defend those clients whom commercial legal outfits might ignore, because the barrister’s duty is to the court, to assist in the development of the law and protect the needy. It has been asked why the changes that have affected business globally should not transform the business of the lawyer. When it comes to the new notion of the legal profession undertaking business in different legal structures, boringly known as entities, the BSB will be looking to regulate those who want to do advocacy and sign up to their standards. The curbs on the Bar are, in reality, shrinking legal aid, lower remuneration, more young people seeking to come to the Bar and the possible reduction of reserved services, that is services that only lawyers can undertake. The Federal Trade Commission filed suit, alleging the Dental Board’s actions to exclude non-dentists from the market for teeth whitening services violated federal antitrust law. His recommendations differed somewhat from the eventual legislation of 2007, but this statute addressed the problems that he had identified. 'The Regulation of the Legal Profession in Ireland' is a new and insightful exploration of history, controversy and reform relating to the Irish legal system. Professor Deech's specialisation is in reproductive law, medicine and ethics. Editor’s Note: The author has traced the history and development of the legal profession in England since the twelfth century. It also follows from this assertion that the Bar should control the education that fits its recruits. And that is why fusion with the solicitors may not be for the best of all possible worlds. Lawyers need to have clear guidance regarding what is or is not expected of them. The Bar is one of those professions that operates almost 24/7 and therefore, like medicine, not family friendly. The European Commission Competition Directorate wanted to make the professions more competitive[13]. This is usually a right only given to barristers. Legal aid has been cut and will be cut even more in the management of the UK budget deficit, and I will return to this issue as it bears on the independence of the legal profession. Each agency, commission or committee has jurisdiction within its own state boundaries. Having a lay majority has its benefits but also its drawbacks in lack of knowledge of how practice works. Posted on June 2, 2011 by amysalyzyn. So there are many, perhaps the majority of the population, who could never contemplate accessing the individual advice of a barrister or a city solicitor. Gresham College receives no government funding. The Bar’s clients include solicitors, judges, big corporations, government departments, foreign governments, anyone who seeks the support of English law. On the one hand, there are calls for ever greater integrity and competence, with accountability; on the other for deregulation, liberalisation and entry into the professions of competitors with different training.       The Universities - Over regulation Sometimes that duty involves telling the court about matters that the client would rather not be revealed. There was established the FSA and light touch regulation. Gordon Turriff QC of Canada puts it like this: “the judgment of lawyers should not be influenced by any consideration other than the need for them to discharge the loyalty they owe each of their clients, subject to the higher duty to themselves, the court, the state and fellow lawyers.” There are several potential conflicts here which could bear analysis, but the general meaning is that the lawyer needs to be independent in her handling of her client’s case and also of the government. It therefore has every facility to be the tool of government policy. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education. To liberalise, allowing competition to flourish and access to be more visible; to protect the public through careful and independent regulation with especial focus on complaints handling, which had been the bête noire of the Law Society (solicitors); and to move on from the failures of the big bang in the financial markets. 1. But this was all before the big bang in the financial world and its dreadful results. The connection is vital as long as the judges are appointed from the Bar. The advice of a top barrister is affordable by government, by corporate bodies and by wealthy individuals, especially women in divorce. Their departure was another example of the way in which the legal profession has been reconfigured to suit theories, rather than reality, in recent years. The legal profession is regulated in several ways. This is important, given that the LSB has the power to fine, and to levy fees for its support from the profession, which has no way of challenging the budget, save through – a central government department! And it is accordingly recognised that the barrister is not himself or herself to be identified with an unpopular client. A short history of regulation Britain’s legal profession is renowned the world over for its skill and independence. The Clementi recommendations are, by and large, enacted in the 2007 Act and carried out by its creature, the Legal Services Board (LSB), which is non-lawyer dominated. Simply, it is the lack of legal aid and affordability. The Bar is subject to further de facto controls: there is a new Judicial Appointments Commission, the Code of Conduct is growing in bulk; its work is moulded by the requirements of legal aid; advancement to the position of QC is also through a commission, and another external body will administer the proposed new scheme of advocacy assessment. Visit the online resources for this title. How is it regulated by paralegal codes of ethics? Who are the regulators? That is recognition of the overriding duty to the court: otherwise the very system that the client is relying on will not support him or her. He also comments that there is no evidence that employed barristers’ independence is compromised. The independence of solicitors is equally important as and when more judges are appointed from that branch. Let a 1000 flowers bloom. The client is obviously important to the barrister. IT, flexiworking, outsourcing should make advice more readily obtainable and cheaper. The Bar Issues Commission has compiled a list of organisations that are responsible for regulating the legal profession around the world. . Legal advice, I would suggest, is one of them. Now self regulation has a bad name. ABSs are not allowed in the USA and Germany has urged an international stand against them. [9] It is inseparable from the enforcement of human rights.       Regulating the Regulators. He also acknowledged the detrimental effect of excess earnings and the shrinking of legal aid. Regulation of the profession should ensure adherence to … Arguably, the LSA reforms go too far to control self interest in that they may restrict independence. We considered that innovative statistical techniques could provide deeper insight, and show how the legal profession has changed. Why we commissioned the analysis? The third is a new portal for complaints about lawyers’ poor service, the Legal Ombudsman, although charges of professional misconduct are still reserved to the professional body, the BSB in my case. There is a range of altruistic activities of the Bar, such as the pro bono work, and the attention paid to ensuring that the most able young pupils can come to the Bar with financial assistance from the Inns and chambers. Regulating for Independence. regulation is appropriate and necessary in the interests of maintaining the high standards of the profession and protecting the interests of the users of legal services. In the past, the need for wealth in order to secure or become a lawyer was conveniently overlooked in protestations of universal justice and independence.[2]. The legal profession was changing in any case. The Dental Board defended itself on th… The two branches of the legal profession Barristers in an entity will be conflicted out once one party to potential litigation has engaged someone in the entity, whereas at the moment there is no conflict when one barrister in a set of chambers is engaged. Self regulation used to be totally appropriate because of the relatively small size of the Bar, its concentration in London and a few other centres, and the constant surveillance by peers, judges and solicitors. It may be that it has irretrievably gone, because solicitors’ actions are circumscribed by the need of their firm to make a living for all its members. The cost of the LSB and its demands are serious issues, for the Bar would have to contemplate rises in the practising fee to fund it, were it to go up, at a time of constraint, and it also has to fund the new scheme of quality assessment of advocacy, the OLC, an education review and diversity data collection. [14] I note that there has been no similar onslaught on the practices of doctors, (unless one counts the new powers to be devolved to GPs to organise commissioning of services) albeit that their effectiveness has been weakened by the European restrictions placed on their working hours and the inability to test their working command of the English language. The profession was no longer to be self regulating, but overseen by a new Legal Services Board; its powers were to some extent to be devolved to the current front line regulators, for these purposes the Bar Council and the Law Society, but they are both obliged to separate out their regulatory and representative functions (just as the GMC and the BMA are separated). The mechanisms of government control are now in place. The LSB can recommend cancellation of designation as an approved regulator if the regulator has not observed the regulatory objectives listed in the Act, which include the interests of consumers. And the Office of Fair Trading wanted the same, both organisations aiming at existing restrictions on forms of business organisation and conduct. For example, the LSB has required every barrister to give his client, on first meeting, a document informing the client how to complain about the barrister. It is essential that the legal profession is well regulated. Reform has been formulated expressly to curb the independence of the legal profession, building on the feeling that it is a self serving gentlemen’s club. The rule of law In fact, in the current legal climate the judges face state disparagement as a result of their decisions in cases involving immigrants and terrorists, and protection of their independence is especially important. Sometimes it is asked why there should not be one legal profession, with no differentiation. Regulation of the legal profession is effectuated through a state regulatory agency, a discipline commission or a discipline committee. A strong and diverse profession is in everyone’s interests. That is why the modish “outcomes focused regulation” (which I will look at in more detail in my next lecture) is largely not relevant to the advocate who appears in court. If we ever become downhearted, we have but to remember what Erskine said on representing Tom Paine in 1792: “From the moment that any advocate can be permitted to say that he will or will not stand between the Crown and the subject in the court where he daily sits to practise, from that moment the liberties of England are at an end.” We have very good reason in the current climate to be grateful to the Bar for its ability to defend the citizen from her government in many countries of the world. Moreover the LSB has stated that it supports the MoJ in its work, not for example, putting the rule of law ahead of the department. About 20 per cent of jobs in Canada require you to have a licence before you can begin work for public safety reasons. The second major change was the introduction of new ownership structures for legal firms and chambers, in particular allowing non lawyers to own and manage firms (alternative business structures and legal disciplinary practices, or multidisciplinary practices, lawyers with other professionals, a one-stop shop, sometimes nicknamed Tesco law). Legal profession - Legal profession - Regulation by statutes and bar associations: Since about 1800 most countries have brought their legal professions under systems of statutory control with three main principles: (1) admission to practice automatically and compulsorily makes the lawyer a member of an appropriate professional association, (2) those associations are given substantial powers regarding legal education, admission to practice, and the disciplining of the profession … . “The way in which our law societies and bar associations regulate the provision of legal services is the single biggest determinant of the high cost of law, which is the single biggest determinant of the lack of access that the vast majority of people have to legal help,” says Hadfield. Market forces are not always to the good. The profession started to be regulated and to extend its reach to civil as well as ecclesiastical law. It also sits uneasily with the demand, voiced on behalf of the consumer, for accountability and regulation, often where trust was once sufficient (cf the medical profession and hospitals, banks and lawyers). The rules governing criminal and civil law are derived from common law, legislation and European Community (EC) Law, which is essentially binding on all UK legal systems. . The nature of the job that they do clearly requires knowledge of the law and procedure, and skill in advocacy, which abilities will not be found in every candidate and therefore need to be tested.