Reform: it's serious

PRESIDENT'S COLUMN: Michael Napier wants solicitors involved in law society reform

Over the next few weeks the solicitors' profession is being offered an exciting opportunity to make a difference.

Last week, every member of the profession received, via the Gazette, a consultation paper on the radical reform of the Law Society.

The Society needs your help to get it right, so please respond and make a significant contribution to a reform process that marks the most determined effort yet to turn the Law Society into a body that represents solicitors effectively and commands a respected position in the outside world.

Let me just highlight, briefly, some of the areas out for consultation.

There has been much debate over the last few years about whether a body such as the Law Society can be both regulatory and representative.

The Society's council, earlier this year, acknowledged the factors which unify the profession: the regulation of common high standards and representations by a professional body that is respected by virtue of its performance.

These features are well within our grasp if the reforms go through, as I hope they will.

The most important aspect of the reforms will be delivery by our new chief executive, Janet Paraskeva, who will ensure that the right structures are put in place for proper accountability by the staff on performance and the use of resources.

A more business-like approachThe consultation puts forward a genuine new vision for a future that will, via a comprehensive new framework, drive the Society forward with a much clearer, more business-like structure.

It proposes an enlarged, more representative council and a main board operating as a 'cabinet' government.

The Society's main functions would be redesignated and boards, chaired by council members, would be set up for each distinct function.

To speed up decision making, the council would empower the main board to oversee the implementation of agreed policies.

The enlarged Council would meet six times a year and would give greater representation to the membership of the profession.

The Society's office holders would be elected by the council, saving the profession considerable sums of money that the current annual elections cost - not to mention the political infighting.

New approach to complaintsThe consultation paper introduces the idea of a service complaints redress scheme.

Although much good work has been done at the Office for the Supervision of Solicitors to reduce the caseload, we must give continued assurance to the government, other key stakeholders and the public, that the Society's approach to service complaints is optimum.

Our external stakeholders are quick to remind us that self regulation is a privilege not a right and that good client care is allied to consumer-friendly complaints handling.

So the proposed redress scheme is designed for the easier more conciliatory, resolution of service and minor conduct complaints and incorporates the role of a lay commissioner.

The role of the lay members of the adjudication process is crucial to its credibility.The redress scheme would allow awards of compensation to clients of up to 5,000, reduced bills or other remedial action.

The public could only use this scheme if they had tried to resolve the complaint with the firm and failed.

Firms would fund the scheme partly by a general levy - as now in the practising certificate fee - but also partly by those against whom complaints are upheld.

The next stepsWe are on the brink of fundamental change that the consultation paper outlines more fully.

All I can do here is highlight the main strands, but I urge all solicitors to take part in the consultation process and return their responses by 18 December.

If we get the go ahead, a special general meeting will be held early next year and Privy Council approval will be sought for an amendment to the Charter where necessary.Reform of the Society, particularly on this scale, inevitably gives rise to reactionary voices.

However, we must not allow the reform process to be derailed by those voices, however loud.

I was elected on a manifesto of reform and strong leadership.

I will not duck that task and I want to be able to fight hard for all sectors of the profession particularly those with major grievances such as hard-pressed family lawyers on low hourly rates and criminal lawyers worried about the salaried defence service.

I hope that through consultation I will gain the support of the profession for real reform that promises a bright future.

Together with Vice President David McIntosh and Deputy Vice President Carolyn Kirby, the Law Society Council, Janet Paraskeva and the staff, I aim to deliver - with your help, so please respond.

l BT is to sponsor an hour-long discussion call on reform between members of the profession and Law Society President Michael Napier on 15 November from 9.30am.

Solicitors can participate by dialling 0800 626 606 and quoting the reference 'Law Society'.

Those wishing to listen to a recording of the discussion at a later date, should telephone 01296 618 700 and quote box no 396618 (local rates apply).

l The reform consultation paper can be seen and responded to at: www.new.lawsociety.org.uk

Michael Napier is president of the Law Society