Community care
In the second of three articles, David McIntosh looks at the ways the law society has underpinned the work of high-street solicitors in providing vital local services
The 31,000 high-street solicitors that the Law Society represents have good reason to be proud.
Of all sectors, they encapsulate most vividly the diversity and versatility of the profession.
They perform a vital role in serving the community, representing the needs and interests of clients in fields such as family law, crime, conveyancing, personal injury, wills and probate.
They provide access to justice and frequently undertake publicly-funded legal work at low rates of pay.
They play a vital role in their local communities, yet they are often far less remunerated than comparable professionals.Having started my career working as an office junior for a local law firm, Ames Kent & Rathmell in Frome, Somerset, I feel a personal connection with smaller firms.
The Society is determined to do all it can to help small firms adapt to change in their environment, and thrive.
The Society, both as representative and regulator, has much to offer high-street firms.
We have won some high- profile victories together, but for the most part, the valuable work has been done quietly, behind the scenes.
The much-needed improvements in the Society's governance and leadership structure are now in place and will equip us to pursue the interests of high-street solicitors even more effectively.
These interests include:l Fair remuneration - we secured an important victory for criminal practitioners by re-negotiating the terms of the criminal defence contract for publicly-funded work.
The Society continues to press the Lord Chancellor's Department to recognise that solicitors should be properly paid for all the publicly-funded work they do.
We made a useful start for family practitioners this year, but there is still much to do.l Reduction of bureaucracy - high-street practitioners face a daily battle with bureaucracy.
The Society is working with the Legal Services Commission to reduce this paperwork and bureaucracy as far as possible for publicly-funded work.In the context of financial services, the Society has succeeded in ensuring that the Financial Services and Markets Act 2000 does not force firms into unnecessary regulation by the Financial Services Authority.
Those firms providing investment business only as incidental to their services will be able to do so even when the regulatory regime for financial services comes into effect.l Developing methods of funding - the Society developed after-the-event insurance for conditional fees, which means clients still have access to justice in personal injury cases even after the withdrawal of legal aid.
In the recent case of Callery v Gray, it was arguments from the Society that persuaded the Court of Appeal to decide in favour of making pre-action insurance premiums recoverable.
This result should be of benefit to the large numbers of high-street practitioners acting for claimants in personal injury cases.l Maximising benefit from information technology - the Society is actively involved in consultations on the government's initiatives with regard to electronic services.
It is striving to ensure that any paperless conveyancing system can be operated efficiently by high-street practices without huge investment in technology.The Society is also active in the development of the National Land Information Service, which will eventually allow solicitors to do conveyancing on-line.
The advantages of e-conveyancing for high-street solicitors include the return of search results in hours - perhaps minutes - rather than days, helping to reduce delays for which solicitors are often unfairly blamed.
l Maintaining standards and safeguarding reputations - in the area of family law, solicitors have endured their share of knocking despite research which clearly shows that they actively seek to reduce conflict in family disputes.
The family law protocol, to be issued free to all family law practices in the next few months, sets out good practice in this area.
This will further enhance the reputation of family practitioners to the benefit of solicitors and clients alike.
The protocol has been designed and formulated after extensive consultation with family practitioners.
The concerns of high-street practitioners are also being addressed by the Society in responding to the Office of Fair Trading Report.
We will be working to ensure that any changes in the marketplace for legal services operate for the benefit of clients and are fair for solicitors.
We have nothing to fear from fair competition - but both solicitors and the public are at risk from unscrupulous providers of quasi-legal services who are neither trained, nor regulated, nor insured.l Support and advice concerning practice issues - smaller firms need outside advice on a range of practice issues.
The Society's practice advice service and ethics advice line are highly valued for the practical help they provide.
The diversity of the profession is increasingly one of its great strengths and it is the goal of the Society to provide effective representation and support to solicitors from every sector.
The high-street firms play an essential role in the community, solving people's problems and guaranteeing access to justice for ordinary citizens.
All solicitors should take pride in this community role as a vital part of our serving every aspect of business and private life.
Our task, more than ever before, is to get this message across.David McIntosh is the Law Society president.
In next week's article, he will discuss in-house solicitors
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