A consuming passion

Working for Watchdog the Consumers' Association involves tackling public issue campaigns, including shining a harsh light on the legal profession, reports Andrew Towler

The expression 'access to justice for all' has been bandied about for the past couple of years as being a primary aim of the legal fraternity.

Indeed, the need for 'Joe Public' to have easy passage to redress a wrong is the lead motivation behind the increasing numbers of legal helplines and virtual law firms on the Internet.

However, one organisation has been fighting since 1957 for the rights of the consumer - the Consumers' Association (CA).

The CA is an independent, campaign-driven, not-for-profit organisation based in London.

In addition to lobbying work, it is best known for its magazines published on a variety of areas of consumer interest by its trading division, Which? Ltd.

Ashley Holmes, head of the Association's in-house legal team, says: 'We campaign to ensure that markets work well for consumers, that they haven't been conned and don't get conned in the future.'

He says this role extends to the lawyers, who not only look after the legal affairs of the organisation but are also heavily involved in lobbying issues.

'It is this variety that makes this job so attractive,' he says.

'That, and being able to use the law creatively and feel like you are really making a difference.'

Mr Holmes is a qualified barrister who took an industrial pupilage at BP before joining the Consumers' Association in 1987.

He became head of the legal team in 1993, prior to a departmental restructure in 1997.

'When I joined, the team was a single entity carrying out work for the association and individuals alike,' he explains.

'But now there are two legal departments, the five-lawyer one here in London dealing with in-house problems, and the Which? legal service based in Hertford.'

The Which? legal service is a members-only phone helpline for consumers, manned by an eight-lawyer team.

Ajay Patel is now a principal lawyer for the CA, but trained at City firm Barlow Lyde & Gilbert.

'The phone service works very much like private practice because it offers help to individuals,' he says.

'The only difference is that we don't bill - instead our members pay a quarterly fee to get as much legal advice as they need.'

Mr Patel says that while it was satisfying working directly with the public for Which?, when the opportunity arose to move to the in-house team, he jumped at the chance.

'I found the idea of campaigning on a larger scale attractive,' he says.

Campaigning aside, the other in-house work is 'traditional solicitor's work', according to Eileen Brennan, a principal CA lawyer who previously worked in private practice with city firm Binks Stern, now merged with Morgan Cole.

'We advise various departments on contracts, including the research and publishing teams, and work with the press office when they are issuing releases.

We work with whichever department needs us,' she says.

Ms Brennan has the added responsibility of working with Which? magazines in addition to specialist health titles.

'I advise writers on consumer laws and rights before they start an article,' she says.

'We have got to be spot on because what we write could have a profound effect on someone's business.'

Mr Holmes is equally aware of the importance of accuracy when working for a watchdog agency.

'When we do make a mistake we try to admit we are wrong but sometimes it ends up in a fight in court,' he says.

One such instance occurred a couple of years ago when the CA researched the legal profession and found solicitors to be allegedly lacking in client care.

Mr Holmes defends accusations of only focusing on negatives.

'We didn't so much want to investigate the scale of the problem,' he says, 'but rather what the problem was.

There was, and still are, too many ropey solicitors in the country.

We wanted to identify how they affected the public.'

The CA recently restructured its lobbying work into prioritised areas - personal finance, food, health and retailing - with a member of the legal department assigned to each.

It is here that the role really differs from that of normal in-house solicitors, as Ms Brennan says: 'Not many legal jobs give you the opportunity to influence policy and change laws.'

Alison Lindley, a part-time principal at the CA who used to work in commercial litigation at City firm DJ Freeman, says having this kind of leverage is a bonus that comes with the job.

'I work mainly with the food and retail campaign teams on issues such as labelling, GM foods and common agricultural policy, most of which is covered by European law,' she says.

'This means I have to spend time in Brussels lobbying members of the European Parliament and working alongside the European consumer body, the BEUC (Bureau Europen des Unions de Consommateurs).'

Mr Holmes says: 'It takes a certain type of person to take on the Financial Services Association and Government departments, so we have to be selective with the type of lawyer we recruit.

We want staff in their twenties as they are still idealistic and haven't got any baggage, but very few young lawyers have consumer experience or lobbying skills.'

He continues: 'Instead, we look for those with the mix of a solid background, drive, commitment and an edge.

You don't work a great deal with the public, but the people you do meet are from a broad cross-section of society and usually in a high position.'

One of the team's newest recruits - who obviously fulfilled Mr Holmes' criteria - is Hilary Jones, who joined last August from Clifford Chance.

'It was a lifestyle decision,' she says.

'Previously, I was part of a very big team, doing real-estate work without much variation.

Now, I have a say in group strategy, meet a range of people and have a high profile within the team.'

'It's true, you get a lot more back-up in private practice,' she continues, 'but I don't see the need to research areas of law more thoroughly as a bad thing.'

Mr Holmes - who refers to all his team colleagues as 'mates' - makes it clear that the hours of work are 9.30 to 5.30 and 'no-one takes work home and no-one works at the weekends'.

'You don't get paid as much as in private practice, but this is a representative role and you are arguing on behalf of millions of people as opposed to one client,' he says.

Mr Holmes envisages considerable development in consumer law in the near future and is currently working with the government on the CA representing consumers in court, and being granted powers of enforcement.

He has also been in discussions over the introduction of the Enterprise Bill - legislation ensuring competition laws are up-to-date and bringing in tighter controls of rogue traders.

Mr Patel agrees that as there is an increasing role played by consumerism in society, the importance of the CA will grow.

But he is aware that there is still plenty of work ahead.

'Consumers in the UK have learned over the past 10 years how to complain and know their own rights, but they have to make bigger decisions and take greater responsibility,' he says.

'Our job is to make consumers better informed so they can make the right decisions.'