*/
The Bar Council has published its response to the Legal Services Board’s wide-ranging discussion paper on Alternative Business Structures (ABS).
The response from its Working Group on ABS reflects the Bar Council’s support for a pragmatic and proportionate approach to the liberalisation of the legal services market, as envisaged by Sir David Clementi in his review of legal services in England and Wales.
In its response, the Bar Council broadly welcomes the introduction of Alternative Business Structures for the legal professions, and believes that legal services consumers will benefit from increased competition between the Bar, known for its low overheads and high levels of expertise, and other legal services providers.
The Working Group emphasises the need to recognise that access to justice requires access to fully qualified representation. There is concern expressed that the LSB will support new forms of access to legal services in the mistaken belief that this, in itself, constitutes improved access to justice. The Bar Council argues that it is vital that the liberalisation of the legal services market is proportionate, evidence-based and incremental in order to preserve public confidence in effective access to justice. The response provides comment on elements of the LSB’s approach towards Alternative Business Structures.
In particular the Working Group highlights the tension between the LSB’s belief in the potential benefits from the liberalisation of the market for legal services despite a lack of any real evidence as to how the market might change, and the effect this would in turn have on consumers. The discussion paper also suggests a prioritisation of promotion of access to legal services at the expense of promoting access to justice.
Commenting on the response, Desmond Browne QC, Chairman of the Bar, said:
“The Bar Council welcomes in principle the introduction of Alternative Business Structures and the opportunity to provide innovative solutions to changes in the demand for the provision of legal services. There may, however, be tension between liberalisation of the market, and the core principle of providing effective access to justice. It is right, therefore, to advance with caution. For this reason, the Working Group, in its response to the Legal Services Board’s wide-reaching and thought provoking discussion paper, advocates a pragmatic and proportionate approach to the liberalisation of the market. Such an approach will better enable the licensing regime to adapt to changes in the market as they occur, benefitting both regulators and providers of legal services, whilst that
In its response, the Bar Council broadly welcomes the introduction of Alternative Business Structures for the legal professions, and believes that legal services consumers will benefit from increased competition between the Bar, known for its low overheads and high levels of expertise, and other legal services providers.
The Working Group emphasises the need to recognise that access to justice requires access to fully qualified representation. There is concern expressed that the LSB will support new forms of access to legal services in the mistaken belief that this, in itself, constitutes improved access to justice. The Bar Council argues that it is vital that the liberalisation of the legal services market is proportionate, evidence-based and incremental in order to preserve public confidence in effective access to justice. The response provides comment on elements of the LSB’s approach towards Alternative Business Structures.
In particular the Working Group highlights the tension between the LSB’s belief in the potential benefits from the liberalisation of the market for legal services despite a lack of any real evidence as to how the market might change, and the effect this would in turn have on consumers. The discussion paper also suggests a prioritisation of promotion of access to legal services at the expense of promoting access to justice.
Commenting on the response, Desmond Browne QC, Chairman of the Bar, said:
“The Bar Council welcomes in principle the introduction of Alternative Business Structures and the opportunity to provide innovative solutions to changes in the demand for the provision of legal services. There may, however, be tension between liberalisation of the market, and the core principle of providing effective access to justice. It is right, therefore, to advance with caution. For this reason, the Working Group, in its response to the Legal Services Board’s wide-reaching and thought provoking discussion paper, advocates a pragmatic and proportionate approach to the liberalisation of the market. Such an approach will better enable the licensing regime to adapt to changes in the market as they occur, benefitting both regulators and providers of legal services, whilst that
The Bar Council has published its response to the Legal Services Board’s wide-ranging discussion paper on Alternative Business Structures (ABS).
The response from its Working Group on ABS reflects the Bar Council’s support for a pragmatic and proportionate approach to the liberalisation of the legal services market, as envisaged by Sir David Clementi in his review of legal services in England and Wales.
The age of criminal responsibility, extreme weather and conflict resolution – plus, new protocol for reporting bullying at the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Can reflective practice – a staple in other professions – meaningfully support the Bar? Emma Cross reports back from last year’s pilot
Does your constitution comply? The Harman Report provides impetus to update yours – and the sooner the better. Scott Leonard explains how
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
Why every major sporting event needs an anti-corruption policy. By Louis Weston
At least not that way, says Richard Paige
