Mandate for reformAS 82% BACKED A NEW LAW SOCIETY FOR A CHANGING PROFESSION, PRESIDENT MICHAEL NAPIER SAYS NOW IS THE TIME FOR ITS COUNCIL TO SHOW STRONG LEADERSHIP and support structures for change

The year 2001 could be a truly auspicious one for the Law Society.

This week its council meets to take decisions on the final shape of its ambitious programme to change and modernise how the Society runs itself; how it represents its members; how it maintains standards; and how it deals with complaints.

The consultation document A new Law Society for a changing profession produced an overwhelming 82% endorsement from respondents for the fundamental objectives of the proposed reforms - clear support for a new, businesslike organisation on a corporate model.The Society's overall objective is much more than mere words.

Please consider it carefully for a moment: 'To be a formidable presence on the legal landscape - valued by members for the full range of its activities and respected by all other stakeholders.

To achieve this the Society must become a model regulator; an effective advocate of its members' interests, and a leading voice on law reform, best practice of law and client care.' At last, this aim is within our grasp - and I am determined to see it through so that our members and the public can have restored confidence in the Law Society.

Some 1,206 members of the Society responded to the consultation.

In addition, six Law Society groups, 19 local law societies, and a number of other bodies made submissions about the proposals.

There were also numerous discussion meetings in local law societies during the consultation period.

I am enormously grateful to all those who participated in one way or another in the consultative process.Let me remind you again what the 82% support for the fundamental objectives of the reforms actually means.

The five key reforms are: l An enlarged and more representative council; l A main board operating as a 'cabinet' government; l Officeholders elected by the council; l Redesignation of the Society's functions, and; l Subsidiary boards chaired by council members for each function.The enlarged council will be more representative of the many sectors and constituencies of the profession that make up the diverse profession of today, so that all solicitors can feel that within their professional body they have a voice representing their particular interests.

The council will remain responsible for setting high level policy and strategy - to be delivered by a streamlined structure of effective boards accountable to the council.

The more detailed responses to the consultation produced the following results: l 65% of respondents agreed with the proposal to increase the size of the council; l 75% agreed that the relevant practitioner associations and groups should appoint council members representing specialist and sectional interests; l 84% agreed, or agreed strongly, with the corporate governance changes, in particular the creation of a main board to act as a 'cabinet' in support of the council and the appointment of boards to oversee individual functions; l Respondents disagreed by a narrow majority - 52% - with having lay members on the council, but they supported lay membership on the proposed standards board.

Some 51% of respondents agreed that there should be at least 50% lay representation on the proposed compliance board, and; l There was significant support for the proposed complaints redress scheme.

Some 74% supported the appointment of a lay commissioner and 69% supported the inclusion of minor conduct and negligence matters in the scheme.

Another 87% supported the 'polluter pays' principle with regard to the costs of dealing with complaints.

Last week, we had another stark reminder from the government - when setting the Office for the Supervision of Solicitors (OSS) targets for this year - that self-regulation is a privilege and not a right.

Achieving swift and effective redress for consumers who have valid complaints must be an integral part of the way we perform our self-regulatory function.

Next stepsAgainst the backdrop of a clear appetite for the overall thrust of the reforms, it is now up to council to take the decisions that will bring us to the next and final stage of implementation, giving consideration to the views expressed by members, particularly where opinions are evenly balanced.

Since being elected President, leading the reform process has been a major priority, supported by my fellow officeholders - Vice-President David McIntosh and Deputy Vice-President Carolyn Kirby - and our new Chief Executive, Janet Paraskeva.

This is the time for strong nerves and clear leadership so that following necessary constitutional changes at an SGM in February, we can, in March, establish the main framework of the new structures.

We are moving fast and doing so with confidence because the development work on reform has been painstaking and thorough since Lord Dennis Stevenson first outlined, two years ago, the need for the Society to modernise radically its governance.Now is the time to conclude the debate and to deliver the long-awaited reforms - 2001 really can be the year that makes the difference.Michael Napier is President of the Law SocietyLINKS: www.new.lawsociety.org.uk detailed results of the consultation