OFT report given mixed reception
The solicitors' profession has broadly welcomed proposals in last week's Office of Fair Trading (OFT) report for multi-disciplinary partnerships (MDPs) and greater competition to provide...The solicitors' profession has broadly welcomed proposals in last week's Office of Fair Trading (OFT) report for multi-disciplinary partnerships (MDPs) and greater competition to provide legal services.However, concerns about the diminution of legal privilege means the report won a mixed reception from solicitors.The report wholeheartedly endorsed a move towards MDPs, claiming that they could result in 'potential benefits such as overhead cost savings, more flexible allocation of resources and more open access to the professions.'Law Society President Michael Napier welcomed that recommendation, saying: 'We have been working on the complex problem of how you can maintain the standard of different professionals, as well as giving protection to the consumer.'The move comes as the Law Society announced it would negotiate with the Lord Chancellor's Department in an attempt to clear the way for MDPs to be introduced through the Regulatory Reform Bill (see page 4).However, proposals for implementation of legislation allowing banks and building societies to provide conveyancing services met with less approval.Michael King, chairman of the Law Society's conveyancing and land law committee, said: 'Consumer protection demands that conveyancing should be dealt with by independent professionals with a thorough knowledge based on years of training.' Mr King said solicitors gave an independent conveyancing service for one of the most reasonable prices in Europe.
Legal professional privilege also came under attack; the privilege can 'distort competition', according to the report, when lawyers compete for work with non-lawyers.
Proposals to ditch Law Society advertising regulations prohibiting cold-calling were also given a cold reception.
Mr Napier said such proposals must be viewed 'against the need to ensure the consumer is protected.
The Law Society is not in favour of cold-calling.'Roy Amlot, chairman of the Bar Council, was less conciliatory.
He said the Bar disagreed profoundly with the report's conclusions, which included a recommendation to scrap the QC system.
David Price, a solicitor-advocate, when asked whether he would miss the opportunity to be a QC - if silks were scrapped - said: 'It's like little boys waiting to be prefects, or trying to get into the first cricket 11 when they're in the fourth form.'
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