The Legal Services Act 2007:
It establishes a regulatory framework in which lawyers form businesses together and provide legal services. The act enforces the duty to promote and protect the public interest, apply the rule of law, improve access to justice and encourage an independent legal profession. Professionally authorised individuals must act with integrity, maintain proper standards of work, operate in the best interest of the clients, and comply with their duty to the court.
Principles Introduced:
Reform was considered necessary for a fundamental number of reasons. To simplify the complex and inconsistent system, and oversight legal services market. To provide a common standard for professional practice. To increase competition, flexibility, transparency and choice for legal service consumers.
There was the implementation of a single supervisory body, Legal Services Board, to oversee the regulators in the legal services market (Law Society and the Bar Council). Creation of a single body, office for legal complaints to deal with consumer complaints (Legal Ombudsman). Creation of alternative business structures enabling solicitors to form partnerships with non-lawyers. Requirement for professional bodies to separate representative and regulatory functions.
Regulatory Objectives:
Those who are responsible should know why they are doing it. It had introduced more cost into the system, and reduced flexibility and responsiveness amongst legal service providers. Section one introduced a wide range of objective for regulations including competition, access to justice, and diversity in the profession. It sets out eight regulatory objectives guiding the Legal Services Board, approved regulators and Office for Legal Complaints. The Legal Services Board sets out the structure and functions of the board, duty to act compatibility with the regulatory objectives to assist in maintenance and development of standards.
The Cab-Rank Rule:
The cab-rank rule is relevant as it requires self-employed barristers to accept work which they have time to undertake, within their expertise and for appropriate fee is offered. Paragraph 602 of the code is unique to the self-employed Bar. It promotes access to justice and protects barristers independence in a case.
Reforms:
Legislative reform is necessary to complete the liberalisation of the legal services market. Innovative organisations in the legal services is to extend the range of services offered, attract new customers and improve quality. Specific liberalisation measures such as public access to barristers "benefit providers and consumers in terms of wider choice". The Act had not helped to improve access to legal services, no change to proportion of people taking action and significant level of unmet legal areas.
The Act makes a provision for a new regulatory framework that replaces the existing one which comprises a number of oversight regulators. The establishment of the Legal Services Board to become independent from the government and approved regulators, and duty to promote regulatory objectives. The establishment of an Independent office for legal complaints, with statutory power to establish a scheme for handling complaints about services. Alternative business structures to enable lawyers and non-lawyers to work together to deliver legal services.
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