Law-Exchange.co.uk Powerpoint

Solicitors

By Mrs Hilton

Regulation

Solicitors Act 1974 and the Access to Justice Act 1999 are the main statutory authority for much of the regulation and supervision of solicitors.

Clamenti Review

Sir David Clementi undertook a wide-ranging independent review of the regulation of the legal services market. He submitted his recommendations at the end of 2004. 

Clementi led to the Legal Services Act.

Legal Services Act 2007

The Legal Services Act (2007) is an Act of Parliament in the UK that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition, produce more consumer focussed legal firms and to provide a new route for consumer complaints.

The new act creates an over-regulator that will oversee the Bar Standards Board and the Solicitors Regulation Authority.

Equality and diversity are taken seriously by the Law Society, but there are still problems

57% of admissions to the solicitors roll were women and 18.2% were of minority ethnic origin.

However, these groups remain significantly under-represented at the senior levels.

An Equal Pay Audit was undertaken in December 2004. It concluded that there were no significant pay differentials between men and women and between the various ethnic groups.

In previous years it was found that there were significant differentials in pay for women, who earned less.

Governed by

The Law Society

What is the equivalent for Barristers?

How the Law Society regulates solicitors

sets the standards for qualifying as a solicitor. monitors the performance of organisations that provide legal training. draft the rules of professional conduct, particularly to make sure they protect the

interests of clients. administer the roll (register) of solicitors. provide information to the public about solicitors, their work and the standards

the public is entitled to expect. set requirements for solicitors' continuing professional development. monitor solicitors and their firms to make sure they are complying with the rules. liaise with the Legal Services Ombudsman, Legal Services Complaints

Commissioner and the Department for Constitutional Affairs. investigate concerns about solicitors' standards of practice and compliance with

the rules, where necessary taking regulatory action such as reprimanding the solicitor.

run a compensation fund to help people who have lost money as a result of a solicitor's dishonesty or failure to account for money they have received.

The Law Society

The Law Society represents solicitors in England and Wales. From negotiating with and lobbying the profession's regulators, government and others, to offering training and advice, we're here to help, protect and promote solicitors across England and Wales.

Two parts: SRA and LCS

Solicitors Regulation Authority

The Solicitors Regulation Authority (SRA) deals with all regulatory and disciplinary matters, and sets, monitors and enforces standards for solicitors across England and Wales. Formerly known as the Law Society Regulation Board, it acts solely in the public interest.

Legal Complaints Service

The Legal Complaints Service (LCS) is for members of the public wishing to make a complaint about solicitors. Formerly known as the Consumer Complaints Service, this independent and impartial body will work with solicitors to resolve any issues quickly and efficiently

President – Paul Marsh

Paul Marsh was first elected to the Law Society Council in 1987, was re-elected in 1999 and again in 2007

Paul has played a leading role in voicing the profession's criticisms of Home Information Packs (HIPS) legislation; he is now committed to ensuring that solicitors remain at the centre of the conveyancing process. He has also been a member of the Representation Board, the Finance Sub-Committee, Indemnity Insurance Committee and chaired the Conveyancing and Land Law Committee.

Paul, 60, is a consultant at Surrey law firm Downs Solicitors LLP and specialises in property work. He has been married to Sheila for 36 years and they have three children. His interests include spending time with his family, gardening and vintage cars.

Paul became president at the Law Society AGM on 17 July 2008 and will serve for one year.

Why regulation is important

Solicitors are in a position of trust. They provide advice on matters that are enormously important to their clients, so it is essential that their advice is expert, independent, efficient and courteous.

Questions

1. How are solicitors governed?

2. Who is president of the Law Society

3. Who regulates solicitors?

Overview

Clients can access solicitors directly

Small firms offices on high streets across the country

City of London firms might have 300 partners

Role of Solicitors

Firms may differ but the role is the same: Advise clients directly, through interview or by

correspondence Prepare legal paperwork

Legal letters Forms

Litigation management – bringing cases to court Represent clients in the lower courts

(Magistrates and County courts)

Specialisation

Solicitors tend to specialise in particular areas of work:

Contentious Non-contentious

Definition of contentious: inclined or showing an

inclination to dispute or disagree, even to engage in law suits

Would you agree?

Contentious

Disputes likely to be resolved in court Immigration Divorce Personal injury General litigation

Non contentious

Largely involves paperwork

Dealing with clients in the office Conveyancing Drafting of wills Financial services Probate

Education and training

If you leave school after GCSE’s may work in a solicitors office to gain experience

Undergraduate read Law to qualify for a law degree 3 years

Take ILEX part I and II exams to become a member of the Institute. After 5 years working in an office and exams (at least 5 core subjects) can be admitted as a fellow of the Institute of legal executives

Education and training

Or study any degree and do a 1 year conversion course: Common Professional Exam (CPE)

Either way Then: need a 1 year Legal Practice Course (LPC)

Vocational course to train students to become practitioners

Then: Apply for and undertake training contracts with firms 2 years

Qualify as a solicitor

Questions

1. What are the two types of work a solicitor may carry out

2. Give two examples of C work

3. Give 2 example of NC work

Fusion debate

The UK has a divided legal profession (that is solicitors and barristers) unlike other jurisdictions where the legal functions are fused and there is just one type of legal professional.

Task 1: To present

Using your books find out the following information for legal executives (inc paralegals):

Governing body Education / training Role / workload Workplace / examples Liability / complaints Recent changes

Homework

Solicitors Barristers Legal Executives

Governing Body

Education / training

Role / workload

Workplace examples

Liability / complaints

recent changes

You may want to do this on the computer, or on A3 paper, you may conspire also!