Solicitors back Society's dual role, says survey

Almost two-thirds of solicitors back the Law Society retaining its dual role as representative and regulator of the profession.

The survey, to which 7,244 practising certificate holders replied, found that 14% were happy with the status quo, while 48% backed the dual role, but with a clearer distinction between the two functions.

Some 32% wanted the Society stripped of its regulatory work, while 5% thought it should only regulate.

The results will be used to inform this week's special meeting of the Law Society Council, at which the discussion draft of the Society's response to the Clementi review will be considered.

As part of the ongoing governance review, the Society's main board has already put forward the idea of separate councils for regulation and representation (see [2004] Gazette, 4 March, 6).

Sir David Clementi has asked for views on three alternatives for regulation: model A, which would see a new body replace the current professional bodies and regulate all providers of legal services directly; model B, which would establish

an umbrella Legal Services Board to oversee the professional bodies in the exercise of their current functions; and model B+, which would be similar to model B with the addition that the professional bodies would separate their regulatory and representative functions.

Solicitors were asked which model they preferred to handle the five core regulatory functions identified by Sir David, and in each case the largest number - although never exceeding 43.6% - supported model B+, usually by a clear margin.

The functions are: making rules on entry to the profession; making rules on practice; investigating suspected breaches of the rules; prosecuting disciplinary matters; and handling consumer complaints.

The discussion draft suggests that model B+ may best meet the review's terms of reference by combining lay representation with a strong professional input to better represent the public interest while achieving professional 'buy-in' to the system.