Kevin Martin reflects on the issues most likely to dominate the Law Society’s agenda in 2006

Reaching the mid-point of my year as President of the Law Society, I find myself able to take a brief opportunity to reflect on my first six months in office, while keeping one eye firmly focused on the challenges presented in the months ahead.


It has been immensely rewarding on a personal and professional level to lead a Law Society that is delivering real improvements on issues of importance for solicitors.


The stamp duty land tax was one of those issues that united the profession. The introduction of the new regime affected property lawyers in all areas, from the high street to City firms; solicitors and their clients were plagued by practical, legal and technical problems.


But the Law Society’s campaign, supported by more than 4,500 solicitors, delivered important results. Last September, Revenue & Customs announced major changes to the way the stamp duty land tax is collected, addressing many of the concerns flagged by the Society. But we know the war is not yet won, and so we continue to lobby Revenue & Customs to achieve further refinement of the system, with the aim of achieving a better, more workable process for all concerned.


Our efforts on UITF 40 (a new accounting statement that changes the way in which service providers account for revenue and work in progress) also resulted in good news for the profession. Many solicitors have been saved from a financial headache because their firms will now be able to spread the adjusted tax liability resulting from the adoption of UITF 40 over three to six years. Research presented to the Treasury by the Law Society and the Consultative Committee of Accountancy Bodies demonstrated that many firms’ tax bills could have gone up by 50-100% for one year in order to adjust to the new system, putting the viability of many small practices at risk.


In recent months, the Law Society has also been delivering results on home information packs (HIPs). We are helping the profession prepare for what is quite possibly the most significant revolution in the transfer of property since the Law of Property Act 1925, through the launch of a solicitor-led Law Society HIP. Having agreed a significant deal with a private supplier, MDA, to facilitate our pack, solicitors will be able to continue to compete effectively in the marketplace and remain at forefront of the conveyancing process. The ability to provide a pack will enable property lawyers to build on the value of existing links to local estate agents and, more importantly, to reinforce those links by providing a fast, efficient solution to their need to have an HIP available before they can put the house on the market.


One theme running through my year in office, which I had not anticipated to feature so prominently or so consistently, is the call for respect to be paid to fundamental democratic principles, in particular the rule of law and the independence of the profession. The role that our unique profession can play in upholding and preserving the enduring principles on which democracy is built, invariably found itself as the main focus of debate at international legal gatherings. When speaking with colleagues from across the globe, I have found that lawyers are united in their commitment to justice, the liberty of the individual and to the ongoing protection of the rule of law. I have no doubt that this will continue to be an important issue as we go forward this year.


A new year always brings with it a fresh set of challenges and opportunities. Already 2006 is a landmark year with the separation of the representative, regulatory and complaints handling functions of the Law Society now in effect. The new regulation and consumer complaints boards took up their responsibilities formally on 1 January, thus securing a future of profession-led regulation.


As the Law Society enters a new stage, the review of its representative functions now looks likely to dominate the agenda for the rest of the year. While we have already done a good deal of work to identify and begin to deliver services that better meet the needs of the profession in the changing legal landscape, we are now moving up a gear as we work towards our goal of delivering a new Law Society.


A three-month consultation exercise with the entire profession begins on 19 January. Understanding what the profession wants from the Law Society is vital, so we need to know what you are looking for in a representative body, how you see the future of the Law Society, and how we can work to serve you better. This will be an opportunity to have your say and make the Law Society work for you as you want it to.


A copy of the questionnaire together with an explanatory prospectus accompanies the Gazette this week; the questionnaire can also be completed on-line. Visit the Law Society’s Web site at: www.haveyoursaylawsociety.org.uk for further details. I encourage you all to get involved in this vital process.


From all of this it is clear to me that the second half of my term as president looks set to be just as busy if not more so than the first, but, I hope, just as invigorating and inspiring.


Kevin Martin is the Law Society President