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13 July 2012 / Kerry Underwood
Issue: 7522 / Categories: Opinion , Legal services
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Turn of phrase

Kerry Underwood balks at the transformation of legal “clients” into “consumers”

The Legal Ombudsman investigates, and seeks to resolve, complaints about the service provided by lawyers.

In his March 2012 report he states that the term client “embodies the traditional view of the relationship between lawyers and those they represent” and that the “notion of a consumer turns this relationship on its head. In most businesses, the consumer has the power and can choose which services to buy from which provider”.

Consumer crisis?

The Ombudsman’s suggestion is that many of the perceived problems with lawyers could be solved by a change of name and culture; everything will be fine if we are all consumers, conveniently ignoring the dreadful service that we consumers get from the banks, the utilities, insurance companies etc.

The attempt to turn all clients, patients, pupils, parishioners, passengers, constituents, readers, theatre-goers, etc into consumers is Orwellian. It equates law, medicine, teaching, religion, democracy and the rule of law itself to the equivalent of a packet of cornflakes. For many

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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