Guarded welcome for reform

IN THE PUBLIC INTEREST: solicitors to have their say on draft Law Society response

There is no objection to non-solicitor organisations offering conveyancing services under strict safeguards - but not probate, the Law Society says in its draft response to the government consultation In the Public Interest, published this week.

The draft response also recommends that multi-disciplinary partnerships (MDPs) be allowed, that legal professional privilege be preserved, and that QCs be abolished in their present form.

The draft is being published on-line by the Society so that solicitors can comment on it, ahead of a special Law Society Council meeting next month, where it will be finalised.

The draft said that in principle new providers of conveyancing services such as banks and building societies should be allowed to do so from hived-off entities employing solicitors, with limitations on lenders and estate agents offering services where there may be a conflict of interest.

Such entities could also provide probate services, it said; however 'it is difficult to see the benefits' of introducing authorised probate practitioners - a dormant provision of the Courts and Legal Services Act 1990 - because the need for professional advice in will-making 'cannot be overstated'.

Opening up the probate market would be unwise until its impact on the general availability of legal services to the public has been further assessed, the draft added.

The report said the Society is liaising with the government in an effort to bring about legislative changes needed for MDPs.

It is thought the Society does not have the power to regulate non-solicitor partners under 'legal practice plus', the preferred plan which would see the practice remain in the control of solicitor partners and provide services which a law firm usually offers.

As an interim measure, the council will later this year consider arrangements, under which solicitors may share fees - but not enter into partnerships - with non-solicitor businesses.

Employed solicitors should be allowed to advise the public through the legal practice plus model, with such entities ring-fenced from shareholder owners, it said.

Legal privilege must be maintained and any extension of it to other professions should be monitored closely to check that it is in the public interest, the draft report said.

It also suggested replacing the QC system with an accreditation scheme for advocates to demonstrate expertise objectively - without being selected by politicians - which would be reassessed on a five-yearly basis.

Janet Paraskeva, Society chief executive, said: 'We support the opening up of the legal services market in principle...

However, there are concerns that as the legal services market opens up to large companies that smaller high-street solicitor practices, especially those in rural areas, may struggle to survive.'

The draft will be open for consultation until 8 November, while the Society's regional seminars on the consultation are also continuing.

LINKS: www.lawsociety.org.uk

Jeremy Fleming