The legal services act and an economic slowdown have presented solicitors and their regulator with a host of challenges, says Peter Williamson


A credit crunch, a downturn in the housing market and a general slowdown in economic growth – the state of the global economy looks less rosy than for some years.



Although it might be difficult to predict precisely how these factors may affect the volume of legal work, they will inevitably have some impact. And against this backdrop have come warnings that the profession faces a shake-out, with predictions that there will be too many qualified lawyers chasing too little profitable work.



There are some issues which, as a regulator, we should leave to the marketplace. Regulators are not good at second-guessing the future needs of employers for trainees; nor should we be preventing able students from qualifying by an arbitrary cap on numbers. Broadly, however, the market has succeeded in keeping a supply of suitably qualified people coming through what has been a period of great expansion.



The Solicitors Regulation Authority (SRA) has an essential role in the emerging shape of the profession. Whatever changes occur in the profession over the coming years, our job clearly remains to set the standards of entry for solicitors, and then to maintain the standards of behaviour and professional performance that the public expects. This framework is the best basis for helping us ensure the delivery of high-quality legal services.



We began the ‘What is a Solicitor?’ project last year with the idea of setting benchmarks for the various stages in a solicitor’s career – for instance, defining the skills needed before setting up in practice or becoming a training supervisor. As the profession evolves, it has become evident to us that setting these benchmarks is only one factor in meeting our objective of ensuring the wider quality assurance of legal work.



So, we are refocusing the project to take into account the changes brought about by the Legal Services Act, and to move it towards being able to vouch for the quality of legal services provided by those we regulate. We have to take into account how traditional law firms are going to reshape themselves, and in particular the inclusion of non-lawyers in running practices. We will have to find a balance between what we require from those who have the badge of solicitor and others who work within solicitors’ firms to deliver legal services.



We are not beginning with a blank piece of paper. A strong and well-established set of standards already exists. The Code of Conduct and the requirements of qualification and training which include professional skills are the basis on which we can build. Once in practice solicitors may take on a range of functions, for example as a training principal, head of finance, or a specialist solicitor in an area of law. We need to look at all these functions in the round and not make the assumption that all functions will be carried out by solicitors.



For example, is simply having three years’ practice experience sufficient evidence that a person is fit to set up in practice on their own? Are the standards that mark out a specialist solicitor or firm robust and understood? What are the expectations of a training supervisor? What are the requirements for a head of legal practice or head of finance who are not solicitors?



These questions need to be examined with some understanding of client expectations. This voice is often missing and the public interest has to be at the forefront of our thinking on standards, especially when we look at how to assure the quality of work delivered to vulnerable clients.



We will probably need a variety of assessment tools for the job – the accreditation route is established and is now undergoing review, and we already undertake a large number of monitoring visits by the practice standards unit. There could be a role for some form of peer review and continuing professional development geared towards specific goals. It is not only legal competence that may need to be assessed – management and communication skills will be key requirements for some roles.



Our plans now include holding workshops and meetings with practitioners and key stakeholders, which will include consumer groups. We want to identify the requirements at each key career stage for solicitors and what is required from their businesses.



Many firms must be asking themselves searching questions as they ponder their future shape, over what will be a period of considerable change. In parallel, the SRA is considering how its role, both as a regulator of solicitors and increasingly as a regulator of more diverse legal practices, should evolve.



Economic factors may be beyond our control, but by sharing your views with us as this project goes forward, we can all plan towards a more certain future.



Peter Williamson is chairman of the board of the Solicitors Regulation Authority