The role and regulation of professions is currently under the public microscope.

Customer focus research conducted for the Law Society last year showed that regulation was high on the profession's agenda.

Some members of the Society believe that a more independent system of regulation would improve the legal profession's image.

Some also maintain that the professional rules need to be simplified so they are more practical and less burdensome.In our last article (see [1999] Gazette, 17 February, 24), we explained that the issue of regulation was one of the 12 top strategic priorities that need to be tackled by the Society on behalf of the profession.Last week, the interim executive committee considered a discussion paper that sets out broad issues about the future shape of regulation.

It examines the external and internal factors which cause people to consider the issue of regulation - from rule making to complaints handling.

The Law Society wants to lead that debate on behalf of the profession.

Its wants members to have the opportunity to express their views either individually or through their local society, before the Council debates and takes decisions on them.The discussion paper analyses the advantages in moving away from a system of self regulation, such as:-- assuaging public and media concern about self regulation and a view that self regulation can never be in the interest of the consumer.

Consumers might have more faith in the complaints handling if it were not carried out by the same body that represents solicitors' interests-- some large City firms which have in surveys described Law Society regulation as irrelevant to the way they practise, and;some in the profession who think the complaints-handling function could be carried out more efficiently if it were more independent of the Society.But, there are perceived disadvantages, such as:-- undermining the independence and professional status of solicitors;-- regulation of solicitors by non-solicitors could be less effective as peer review is an important element in the regulation of legal work;-- the costs of an alternative system of regulation would still have to be borne by the profession and might be more expensive.

There are economies of scale in an umbrella Law Society that might be lost if some or all the regulatory functions were separated.Another possibility that is emerging, particularly with MDPs on the horizon, is for a single set of regulations for all suppliers of legal service with a single unified complaints handling authority.

All of these arguments need careful analysis and debate by the profession and our clients.Solicitors who would like a copy of the paper should contact Carole Willis at the Law Society; e-mail: carole.willis@lawsociety.org.uk or telephone: 0171 320 5623.

The paper is also published in the Law and Policy section of the Society's Web site: www.lawsociety.org.ukA working party is being established to examine the issues in depth.Please let us know whether you would like to participate or to be consulted and kept informed about its work.We look forward to hearing views on this important issue.

Solicitors can e-mail to: action@law.society, or write to Isabel de Sa at the Law Society 113 Chancery Lane, London WC2A 1PL.