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06 October 2017
Issue: 7764 / Categories: Legal News
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Lawyers in the ‘Wild West’

The Law Society has accused the Solicitors Regulation Authority (SRA) of seeking to create a ‘Wild West marketplace’ in legal services

Its concerns centre on two SRA consultations published last week, ‘Looking to the future: phase two of our Handbook reforms’ and ‘Looking to the future: better information, more choice’.

The Law Society said it was ‘gravely concerned’ about the first consultation, which would cut 300 pages from the Handbook, including the ‘qualified to supervise’ rule, and free up solicitors to provide reserved legal services on a freelance basis. Law Society president Joe Egan said: ‘A new tier of solicitors, working in unregulated outfits, wouldn’t have to have the same insurance, wouldn’t pay into the solicitors compensation fund and wouldn’t inevitably afford their clients legal professional privilege. A further new class of solicitor would freelance, with neither a firm over their head nor the badge of sole practitioner. Removal of the rules which prevent solicitors establishing their own firms immediately after they qualify could put vulnerable clients with complex legal problems in the hands of inexperienced, unsupervised lawyers.’

Egan also hit out at the second consultation, which proposes mandatory publication of information on pricing, service and regulatory matters. It was counter-intuitive, he said, that regulated firms be forced to publish ‘reams of information’ while unregulated firms would not.

The SRA has declined to comment until 20 December, when the consultations end. Speaking ahead of their launch, however, Paul Philip, SRA chief executive, said legal services need to be more accessible because most people and small businesses cannot afford them, as the Competition and Markets Authority reported in 2016.

‘Part of the solution has to be to remove unnecessary rules and regulations and increase openness and competition,’ he said.

 
Issue: 7764 / Categories: Legal News
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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