The prospect of separate Law Society councils for representation and regulatory work, and fewer council members, was last week raised by the Society's main board.

Its response to the ongoing governance review, released at the February council meeting, said the council 'is certainly too large to properly carry out its regulatory duties and there is not a sufficiently clear focus on its regulatory role as distinct from representation'.

The board said the structure - which was put in place in 2001 - fuels an external perception that all regulatory decisions are made in the profession's interests, whatever the reality.

The response continued: 'The proportion of lay membership is far too low to ensure proper regulatory practice and inspire public confidence.'

The board put forward two ways to improve the governance of regulation: separate regulatory and representative councils; or establishing a regulatory board reporting to the main council, but with 'correctly delegated responsibilities'.

Under either model, the regulatory body would be around 30-people strong, have a 40/60 split of lay/profession members, and a lay chairman.

'A consumer panel might also be used to advise on consumer complaints matters,' it added.

Only five of the 105 current council members are lay representatives.

One of them - Steven Burkeman - recently called for the creation of separate councils (see [2004] Gazette, 5 February, 14).

The main board also suggested that the council could be smaller, 'if only to enhance individual members' opportunities to contribute'.

Vice-President Ed Nally, chairman of the main board, said the decision-making process can be different for regulatory and representative matters.

He said regulatory issues require 'nimble decision-making' with detail examined 'at the appropriate level of delegation'.

Representative matters require a more 'collaborative process', assessing the widest range of views.

The governance review, chaired by non-lawyer Baroness Prashar, will make an interim report in July.

Neil Rose