As the Law Society moves towards implementing special boards to deal with its regulatory functions, Janet Paraskeva calls on solicitors to tell the society what they want from its representational side

The Law Society Council took hugely significant decisions last December and January for the separation of the Society’s regulatory and representative functions.


These decisions were in part a response to the Clementi review of the regulation of legal services, which itself built on the government’s ongoing concern about competition in the professions. But they also built on the Law Society’s review of its own governance structure, which was completed last year by a group chaired by the First Civil Service Commissioner Baroness Prashar.


If anyone doubted the importance of ensuring that professional regulation is not over dominated by representative interests they have only to look at Dame Janet Smith’s damning conclusions on the regulation of the medical profession in the Shipman inquiry. The Law Society Council’s decision will ensure that the regulatory and representative members of the Society operate independently and transparently. The council went on to decide that two new regulatory boards would be set up, one to deal with complaints handling specifically, and the other, regulation more generally. Work on implementing those decisions is now under way. The new boards will be operational in shadow form from September and will assume their full responsibilities in the New Year.


These are important steps that put the Law Society in a strong position as the government considers the implementation of the Clementi recommendations, and as the White Paper and legislation are being prepared. They demonstrate the Society’s commitment to regulating to the highest modern standards.


There is also a great deal of work under way on the future of the Law Society’s non-regulatory role – on which both staff and elected council members are working together closely. The non-regulatory side of the Law Society, (which, to distinguish it from the regulatory side, is being described as the ‘new Law Society’), is facing a new environment and a tight timetable to adjust.


The first step in this transition programme is to determine the strategic direction that the new Law Society will take. It is only when this decision has been made that we will be able to begin to plan for the future in any detail. Council members and staff have begun the process by looking at some generic strategies that can underpin an organisation and in essence this means asking the question: what kind of organisation does the profession want the new Law Society to be?


To get a good idea about the possible options, we have looked at a number of comparable bar associations and law societies in other jurisdictions and done a careful analysis of what they offer, whom they serve, and how they deliver the services they provide. In some jurisdictions, the focus is on serving their professions as a whole, while others never aim to reach more than some sectors of their professions. Some aim to provide a high level of on-line services with a negligible physical presence (such as the American Bar Association), while other bodies, such as the Law Society of New South Wales, place a premium on the physical facilities they provide for members. These are some of the many options that the main board and Law Society Council will need to consider and on which we will be consulting the entire profession.


Existing services will need to be looked at carefully to ascertain how effective they are and whether they are delivering what Law Society members need from them. In some areas, we may wish to expand what is currently offered, while in others we may find that a service is not meeting practitioners’ needs. If we are to ensure that the body is the best that can be achieved, we must be ready thoroughly to examine what is currently offered as well as looking at the possibility of new services where appropriate.


It is important that these decisions are taken sooner rather than later. To plan effectively for the future, the council and the main board will need to be clear about how the regulatory side of the organisation will interact with the non-regulatory side. We are keen to progress and for the council to make these decisions now because we have to ensure that in all the work that has to be done in the coming months, we have clear objectives and an unambiguous vision of what we are trying to achieve.


Understanding what the profession wants from its new Law Society is vital and we will be consulting the profession on this question in the course of this year. We will be seeking views and assistance from individual solicitors, as well as from local law societies, firms and other professional groups.


I know how pressured life is for many solicitors, and finding the extra time to attend a meeting or respond to a questionnaire can sometimes seem a bridge too far. But delivering a new organisation that really works for solicitors will only be possible if we know what solicitors want and need. When the time comes, I hope you will participate.


Janet Paraskeva is the Law Society chief executive