A fair report?

Last weeks report on the legal profession by the Office for Fair Trading (OFT) could potentially have a profound effect on the way lawyers practise...Last weeks report on the legal profession by the Office for Fair Trading (OFT) could potentially have a profound effect on the way lawyers practise.

Already there are signals from Whitehall that the report has the backing of ministers.

If Labour wins the next general election, then many of the recommendations in the report could have a fair wind in the next parliament.A constructive reaction from the legal profession would be the most beneficial way forward.

And indeed, the Law Societys response has been a reasoned one.

It has pointed out that the OFTs recommendations regarding multi-disciplinary partnerships could well benefit the public and that the Society is already working towards a model which combines high standards of client protection with a more flexible approach to the provision of legal services.There are clearly areas for potential debate with the OFT.

Most obvious is the scope of professional privilege and whether it should be narrowed as far as lawyers are concerned, or widened to include accountants and possibly others.

Conveyancing, too, has come in for scrutiny.

This is an area where the Law Society will want to consider a robust response, pointing out that solicitors provide an efficient and totally independent service to their clients in an already highly competitive field.The Bars response to the report has arguably been more knee-jerk.

Its outright dismissal of MDPs and its almost blinkered defence of the silk system leaves barristers increasingly open to charges of unfair elitism.Yes, the OFT report could pave the way for change, but not necessarily for disaster.