UK lawyer reforms are OK
As Jurist Paper Chase reported this morning, Lord Falconer, the British Lord Chancellor,
announced yesterday his plan to revamp the regulatory model, complaint and
discipline system, and business structures of the UK’s legal profession. (The Times,
“Falconer promises to reform legal profession, March 21, 2005) Under the plan, UK
lawyers will lose the right to self-regulation. To allow more flexibility, competition,
choice and innovation, partnerships with non-legal professionals (such as accountants)
and ownership of law practices by external entities would be permitted .
move legal reform so quickly in Britain, compared to our multi-jurisdictional (and pro-
lawyer) American system. I recommend reading yesterday’s speech by Lord Falconer,
and contrast its frankness about the problems of UK’s legal profession, and the
willingness to find consumer-and-competition-oriented solutions, with the pablum,
defensiveness and denial we get from America’s bar leaders.
Also note the prime focus: “most importantly, all the changes we make must
pass the simple test that they put the consumer first.” (emphasis added) Lord Falconer
concluded:
So we have a system that, at it’s best, is the finest in the world. A system
based on a long and proud history. But we also have a system that is unsuited
for the 21st century.
In all service industries, legal services included, the consumer’s needs are
paramount.
But what is it that consumers want?
They want to be able to trust their lawyer - and be sure about their integrity.
They want good value for money. And they want a quality service that helps
them with the problem they’ve got. This means an efficient service, an effective
service and an economic service.
They want to be confident that the service will be delivered in a way that meets
their expectations, and at a reasonable cost. Confident that, if there is a problem,
it will be dealt with properly. Confident that the trade bodies have their interests
in mind, not just those of their members.And they want choice.
Consumers are now familiar with making informed choices - whether that’s changing
a gas or electricity supplier or booking a flight with a budget airline. The internet and
broadband technology has started a revolution in the way people make decisions and
purchase services. People want to look at the options and feel empowered to choose
the service that’s delivered in the right way at the right time and at the right price.
So, confidence and choice - this is where we need to head towards, that’s our vision
for the way legal services are delivered.
What a concept! A legal system that puts the interests of consumers first — and from a man
who can do something about it. Sounds kinda unAmerican, huh?
update (March 23, 2005): John Steele at LEF points to the reaction of The Law Society of England
and Wales, which plans to have a non-solicitor-controlled regulatory Board in operation by
September, but which also urges the Government “not to miss this opportunity to protect the
public from unregulated, rogue legal advisers.” (Press Release, “The Future of Legal Services,”
March 22, 2005). Steele aptly notes:
“All this seems predictable if we view the profession as negotiating with the state
for a “regulatory bargain” that will protect the profession’s income and social
standing. It was apparently necessary as a political matter for the Society to
loosen its grip on the regulatory function, but it is using the reforms as a chance
to seek continued ‘boundary protection’ from non-lawyers.”
The UK lawyer reforms are OK by David Giacalone, unless otherwise expressly stated, is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.