The Law Society Council will this week take a historic vote on splitting its regulatory and representational functions, with the possibility that three different bodies will be in place as a result.
If as expected it decides to push ahead with separation, the council will be given two options: to establish either a single regulatory body to carry out all of the Society's regulatory responsibilities, or two separate bodies, one dealing with consumer complaints and the other with all other regulatory functions.
The second option looks ahead to the handling of consumer complaints being taken away from the Society, as recommended last month by Sir David Clementi in his report into the regulation of legal services.
The council would remain, primarily to oversee the Society's non-regulatory activities, although decisions on its size and composition are to be deferred until the conclusion of a review of those activities. However, it is likely to be substantially smaller than the current 105 members.
The council last year approved the principle of greater separation, and Sir David's report said there needed to be clear separation. However, he said it could be done under one roof depending on the structure and competence of the arrangements.
The proposed single regulatory body would have 20 members, 11 of them solicitors. If there are two bodies, the consumer complaints arm would have 12 members, eight of them non-solicitors, and the regulatory arm would have 16 members, with nine solicitors.
Law Society President Edward Nally explained that the solicitor majority would ensure that the new structure could clearly be described as profession-led regulation.
Whichever route is chosen, the council will be asked to establish the new structure in shadow form from September 2005 with a view to it taking over formally in January 2006.
The regulatory body would have the maximum decision-making authority possible under the existing legislative constraints, but pending fresh legislation the council would still have to approve rule changes and the setting of some fees. The council will be asked to agree that it would no longer be able to change practice rules except on the recommendation of the regulatory body.
Mr Nally said: 'The council is now moving from high principle to specific delivery.'
See President's Podium
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