Quality drive puts panels centre stage
Solicitors in all publicly funded and some privately funded areas of work are to face accreditation under plans approved by the Law Society Council this week.At the same time, a plan to introduce an 840 charge against firms which have complaints upheld against them - known as the 'polluter pays' principle - was delayed in part by concerns over the effect it could have on assistant solicitors.Supporting a series of measures aiming at championing the provision of good quality services, the council voted to develop accreditation panels in each category of law covered by a Legal Services Commission franchise.There are ten franchise areas currently without panels: employment, debt, housing, welfare benefits, consumer and general contract, education, public law, community care, actions against the police, and non-tribunal mental health work.It was suggested that - as has already happened with family law - the Society may seek higher rates of legal aid pay for panel members.Consideration will also be given to introducing panels in privately funded areas of work, probably only in fields where the clients are relatively uninformed, such as conveyancing and probate.'We will signpost people to firms with recognised quality standards,' said training committee chairman Andrew Holroyd, introducing the proposals.
The paper also said that in future the Society will, in effect, 'regulate, but can do little to represent, those firms and individuals who choose not to make a demonstrable commitment to quality'.Council approved introduction of 'polluter pays' in relation to conduct cases, but deferred a decision on service cases after an intervention by Edward Solomons, who represents the Government Legal Service.
Mr Solomons said assistant solicitors facing complaints of inadequate professional service could be in a difficult position when some of the fault may lie with a supervising partner or the firm.
He argued forcefully for firms to be held responsible for the complaint and the charge.
The issue will now be debated next year.The charge of 840 was calculated on the basis of 75% of the average cost of dealing with complaints.
There will be a further charge of 175 for unsuccessful appeals.
However, the charge can be reduced to take into account proportionality.The meeting had begun with a debate on the future regulation of solicitors, which will be followed up next year.
However, the sense of the meeting was that only regulation to protect clients should remain.
This would free solicitors to practise how and with whom they want.Meanwhile, this week's special general meeting (SGM) agreed to set the number of members required to requisition an SGM and to demand a postal vote following any general meeting at 250.
The figure is currently 100, while originally it was proposed to rise to 500.The day before the meeting, a group of 140 solicitors led by Imran Khan, solicitor to the family of Stephen Lawrence, requisitioned an SGM to discuss the handling of the Kamlesh Bahl affair.
By Neil Rose
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