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Groundhog day

20 October 2011 / James O’connell
Issue: 7486 / Categories: Features , Regulatory , Profession
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James O’Connell feels a sense of déjà vu over alternative business structures

Much has been written about the new competition solicitors will face from alternative business structures (ABSs). However, many smaller firms have been quietly facing tough competition from non-solicitor ie, paralegal, law firms (PLFs) for years now. What lessons about the likely impact of ABSs can we learn from 15 years of competition with PLFs?

Take the threat seriously

Solicitors are losing market-share to PLFs in numerous areas, eg uncontested divorces, will-writing, immigration advice, landlord repossessions, debt enforcement, and small and medium enterprise employment law advice.

Audit your “solicitor” branding

If the solicitor brand was as powerful as we’d like, then 6,500 PLFs wouldn’t have flourished over the past 15 years at the expense of solicitors, and ABS firms would not be scenting rich-pickings. These things imply that people really just want basic competency at an affordable price—and whoever it’s from is secondary.

ABSs will be regulated too, but when they get into non-reserved activity work (and they will) the chances

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NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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