27 November 2008
Bar Council, Central London
Justice Minister Bridget Prentice has given a speech at the Access to the Bar conference organised by the Bar Council.
The Parliamentary Under Secretary of State, Ministry of Justice (Bridget Prentice):
Introduction
In the changing landscape of legal services, it's essential that the legal profession is proactive in identifying and responding to consumer needs. I'm encouraged to see that the Bar Council is taking the initiative in holding this event today and, in commissioning Professor Flood's research on this issue, clearly show their commitment.
Legal Services Act and the changing legal landscape
Change in the legal sector is the central theme for today. With the advent of the reforms, the profession has entered a very exciting but challenging period. I believe that more than ever it's important that regulators and providers of legal services are equipped to meet the changing demands of consumers.
This is why the Legal Services Act 2007 was introduced. It will fundamentally change the way in which high quality legal services are delivered.
The Act makes three key reforms, which I know you're already familiar with. The Act establishes a new independent oversight regulator, the Legal Services Board. It also establishes an Office for Legal Complaints, which will benefit consumers by ensuring quality and transparency in complaints handling. And more controversially it allows for Alternative Business Structures, creating opportunities for different types of lawyers and non-lawyers to explore new ways of providing legal services.
Improving access to justice will be an important part of the regulatory framework - that's why it's one of the objectives which will guide the Legal Services Board and Office for Legal Complaints and approved regulators in exercising their functions. Part of this work will be increasing consumer awareness of the options available to them. And increasing their awareness of the range of legal professionals.
I believe the Act provides real opportunities, and provides incentives for lawyers to rethink the way in which consumers can access services. New types of provider should find it easier to enter the market; existing providers might have new competitors. Lawyers will be able to use the Alernative Business Structure framework to improve their commercial position. I believe this will ensure that providers gain from efficient working practices, and are able to pass these savings on to the consumer.
But the benefit to the consumer will not only be financial; they should see new businesses that offer different combinations of services. This could ultimately result in 'one-stop shops', giving consumers greater choice and convenience.
And those new forms of business structure will, of course, be subject to appropriate safeguards. These structures will need to obtain a licence. And will be regulated by licensing authorities - which in turn, are overseen by the Legal Services Board.
So when do we expect to see these changes in practice? Full Alernative Business Structures can only emerge once the Legal Services Board is fully operational, which is expected in 2010. But, it's important that the benefits of these reforms are realised as soon as possible.
That's why the Act allows for limited Alternative Business Structures, or Legal Disciplinary Practices, to develop. These bodies will only be able to provide legal services, but for the first time, different types of lawyers and non-lawyers as managers will be able to work together to manage the firms.
The Solicitors' Regulatory Authority hope to regulate these practices from March next year. I also know that the Council for Licensed Conveyancers are looking at how to regulate these new types of structure. And it'll be for other regulators to decide how best to take forward these important reforms. But Legal Disciplinary Practices will provide an important step forward in preparing for the alternative business structures of the future.
Improving access to justice must go hand in hand with maintaining the quality of legal services. The Act recognises this, and builds on the excellent work of the Legal Services Consultative Panel in ensuring that providers maintain the highest standards in education and training. The Legal Services Board is under a specific duty to assist in the maintenance and development of standards in legal education and training.
To that end, the Board will engage with approved regulators to ensure the objectives underpinning all regulation in the legal sector are fulfilled. This includes encouraging an independent, strong, diverse and effective legal profession, and increasing the public's understanding of their legal rights and duties. And as we move forward with the reforms, this is clearly essential, as, the people delivering legal services in the future are vital to its success.
Public access
Public access and licensed access are compatible with the wider aims of the Legal Services Act because they encourage consumer choice. Through events like this one today, consumers can be made aware of the options available to them when purchasing legal services - whether those services are provided by a barrister, solicitor, or any other type of legal professional.
So I look forward to seeing how the Bar Council, and its regulatory arm, the Bar Standards Board develop public and licensed access in the future, beginning with how they respond to Professor Flood's research.
Conclusion
I'd like to conclude by thanking you for inviting me here today and for the chance to join the debate on direct access to barristers. It's essential that in moving forward we don't lose sight of who should ultimately benefit from greater access to barristers - the consumer!
I believe the Act provides for real and lasting change for the profession – change that will create significant opportunities for you as barristers and others and I'm confident that together we're creating a new legal landscape that consumers can navigate with ease.
© Crown copyright material reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland
