header-logo header-logo

15 October 2009 / Simon Young
Issue: 7389 / Categories: Features , Profession , Technology
printer mail-detail

Taking the alternative route

Simon Young puts ABSs under the spotlight

This article focuses on the opening up of the legal market with the creation by the Legal Services Act 2007 (the Act) of alternative business structures (ABSs), which in turn will include the possibility of multi disciplinary practices (MDPs). In the language of the Act, and Pt 5 in particular, an ABS is properly called a “licensable body”.

Such a body is one which is to carry on reserved legal activities (and possibly other activities) in which any person who is not “authorised”, ie not a lawyer, either is a manager, or holds an interest.

Holding an interest includes having a share in the body (including rights to share in capital or profits); and a “manager” is a partner in a traditional partnership, a member of a limited liability partnership (LLP), or a director of a limited company. In short therefore any business delivering reserved legal services, unless all interests are held by lawyers, and all managers are lawyers, will be licensable. That will therefore

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll