Solicitors who manage practices badly face threat of sanctions

Solicitors could face Law Society sanctions if they fail to deal properly with client care or if their practices are badly run, it emerged last week.

In a move to push forward improved regulation of the profession and to stave off government intervention in complaints handling, the Law Society's Council heard proposals last week that would establish a set of core duties.

The new duties would include those of proper practice management and client care to be monitored and enforced by the Law Society.Although no details about practice management standards were discussed at the Council meeting, models such as the Law Society's Lexcel quality standard were raised in draft proposals.

It was recommended that firms might be inspected every two years, although frequency could take into account firms' records on complaints and negligence, and other practice standards already in place.Other core duties -- which will replace the solicitors' practice rules -- will oblige solicitors to act with integrity, independence, competence, fairly, professionally and in the best interests of the client.

Duties covering confidentiality and conflicts are also envisaged.

The core duties would be supplemented with further rules and guidance.Another key area for reform could see Chancery Lane concentrating on regulation and pulling back from its representative role.

In future, representative functions could be left to individual practitioner bodies, such as the Association of Personal Injury Lawyers and the Solicitors Family Law Association (see [2000] Gazette, 14 April, 4).The reforms could also see an end to Law Society funding for special interest groups like the Commerce & Industry (C&I) group, the Sole Practitioners Group and the Local Government Group.

However, other groups like those for women, disabled solicitors and minorities could still attract some funding to ensure their members' views are properly represented.

Sections and specialisation task force chairman Andrew Holroyd said in general, groups should 'stand or fall by the service they provided'.

A C&I Group spokeswoman said removing funding was 'short sighted' as industry lawyers contributed 4 million to the Law Society through practising certificate fees.

However, she said the group had developed to a point where it could 'stand on its own two feet'.

Sue Allen