Solicitors - supervisory role of Law Society

Regulation	Solicitors Act 1974 and the Access to Justice Act 1999 are the main statutory authority for much of the regulation and supervision of solicitors.
Clementi Review	David Clementi undertook a wide-ranging independent review of the regulation of the legal services market. He submitted his recommendations at the end of 2004. Clementi led to the Legal Services Act. Clementi review.
The Legal Services Act has received Royal Assent and heralds a revolution in how legal services will be delivered to the public .	The chairman of the Legal Services Board and board members are unlikely to be appointed until 2008. The Office for Legal Complaints is unlikely to be empowered to handle complaints until autumn 2010. Alternative business structures, which allow lawyers to form partnerships with outside professionals or invite outside investment, is unlikely to be until at least 2012. So, the Legal Services Board (LSB) which will regulate the professions, the independent ombudsman, to deal with consumer complaints and new forms of legal practice (”Tesco law”) are all still a long way off.
The Law Society - the solicitors’ regulating body
Equality and diversity are taken seriously by the Law Society, but there are still problems EDR Report	57% of admissions to the solicitors roll were women and 18.2% were of minority ethnic origin. However, these groups remain significantly under-represented at the senior levels. An Equal Pay Audit was undertaken in December 2004. It concluded that there were no significant pay differentials between men and women and between the various ethnic groups. In previous years it was found that there were significant differentials in pay for women, who earned less.
Law Society two parts	The Law Society has decided to divide into two main parts, one part to investigate complaints, the other part to be the ‘trade union’ for the solicitors. The two main parts are 1. The Solicitors Regulation Authority (until Jan 2007 the Regulation Board) representing interests of solicitors and 2. The Consumer Complaints Service (CCS) dealing with complaints.
Solicitors Regulation Authority	The Solicitors Regulation Authority of the Law Society became responsible for all the Law Society’s regulatory work apart from consumer complaints in January 2007. The Board operates independently of the Law Society’s Council and was established to ensure proper separation between the Society’s regulatory and representative activities. There are both solicitor and lay members of the Board.
Why regulation is important	Solicitors are in a position of trust. They provide advice on matters that are enormously important to their clients, so it is essential that their advice is expert, independent, efficient and courteous.
How the Law Society regulates solicitors	The functions of the Regulation Authority include: sets the standards for qualifying as a solicitor. monitors the performance of organisations that provide legal training. draft the rules of professional conduct, particularly to make sure they protect the interests of clients. administer the roll (register) of solicitors. provide information to the public about solicitors, their work and the standards the public is entitled to expect. set requirements for solicitors' continuing professional development. monitor solicitors and their firms to make sure they are complying with the rules. liaise with the Legal Services Ombudsman, Legal Services Complaints Commissioner and the Department for Constitutional Affairs. investigate concerns about solicitors' standards of practice and compliance with the rules, where necessary taking regulatory action such as reprimanding the solicitor. run a compensation fund to help people who have lost money as a result of a solicitor's dishonesty or failure to account for money they have received.
Supervision of the Law Society's handling of complaints
The Legal Services Complaints Commissioner deals with complaints	It is known that taken as a whole complaints are not addressed efficiently and effectively and so to ensure that complaints are treated fairly the 'Lord Chancellor and Secretary of State for Justice' appointed the Legal Services Complaints Commissioner (LSCC) to oversee complaints handling by the Consumer Complaints Service (CCS). The Commissioner has the power under section 52 of the Access to Justice Act 1999 to require the Law Society to provide information on how it deals with complaints, to make recommendations about the complaints system, to set targets for complaints handling, and require the Law Society to submit a plan for improved complaints handling. In addition, the Commissioner has the power to levy a penalty on the Law Society if it fails to deliver an adequate plan or fails in the delivery of that plan. The Commissioner is the same person who holds the position as Legal Services Ombudsman (Zahida Manzoor, a woman).
Powers of the LSCC	The LSCC has the power to levy fines of up to £1 million against the CCS if it fails to comply with the agreed plans to improve complaints handling. (The Legal Services Complaints Commissioner (Maximum Penalty) Order 2004, passed under the Access to Justice Act 1999).
Unprecedented fine against Law Society	In May 2006 the Legal Services Complaints Commissioner, Zahida Manzoor fined the Law Society £250,000, because the society refused to agree that complainants should receive a letter setting out the main points of their complaint within two months, rather than three. However, in July 2006 agreement was reached when the Law Society promised that consumers would receive a substantive response to their complaint within 55 days with immediate effect. This was a great improvement on the Law Society's earlier position, which would have seen it aim for 58 days by the end of March 2007. In view of their positive approach, £30,000 was knocked off the original penalty. Ms Manzoor has two roles: first, as the Legal Services Complaints Commissioner sets targets and second, as the as Legal Services Ombudsman has power to levy a fine of up to £1 million.
Supervision of individual complaints against solicitors
First, the solicitor himself.	Complaints against solicitors are handled in the first instance by solicitors themselves.
Second, the CCS	If people are not satisfied, then they can complain to the Consumer Complaints Service (CCS) The CCS deals with complaints about poor service by solicitors and will check to see whether the solicitor’s bill is fair and reasonable (but not if the service involves court proceedings). It is the reception point for all complaints from the public, but processes only the 10,000 complaints about solicitors’ service received annually.
Compensation can be ordered for distress and inconvenience	The Solicitors Act 1974 contains powers for the Government, in consultation with the Law Society, to set the Law Society's compensation limits for complainants. The Law Society's maximum award for compensation for inadequate professional service was raised from £5,000 to £15,000, with effect from 1 January 2006. Consumers seeking redress above the £15,000 ceiling have to take their case to court. The Solicitors (Compensation for Inadequate Professional Services) Order 2005 raised the limit. Professional misconduct by solicitors is dealt with by the Law Society’s Compliance Directorate in its role as a regulator of the solicitors’ profession. (The CCS replaced the Office for Supervision of Solicitors (OSS) in April 2004).
Third, the Legal Services Ombudsman	Set up under the Courts and Legal Services Act 1990 to deal with cases where the professions’ own regulatory body did not provide a satisfactory answer. The Legal Services Ombudsman is responsible for overseeing the complaints handling arrangements of five bodies: the Law Society of England and Wales, the General Council of the Bar, the Institute of Legal Executives, the Council for Licensed Conveyancers and the Chartered Institute of Patent Agents. The roles of Ombudsman and Complaints Commissioner are distinct - the Ombudsman is concerned with individual complaints while the Complaints Commissioner scrutinises the Law Society's complaints handling processes. The Legal Services Ombudsman is appointed by the 'Lord Chancellor and Secretary of State for Justice' in accordance with Section 21 of the Courts and Legal Services Act 1990. The Ombudsman cannot be a qualified lawyer and is completely independent of the legal profession.
Legal Services Ombudsman Report (July 2006)	1701 complaints were made against solicitors last year and 560 about barristers The LSO was satisfied with the way complaints were handled in only 66% of cases.
Leggatt Report 2001	Suggested that the LSO ‘should be subject to the supervision of the Council on Tribunals’.
Fourth, Solicitors Disciplinary Tribunal	A complaint can be referred to the tribunal to discipline a solicitor. It is a statutory body that deals with serious complaints of professional misconduct. Members are experienced solicitors and lay people appointed by the Master of the Rolls.
Fifth, court	Decisions can be judicially reviewed or subject to ordinary litigation for the tort of negligence or breach of contract.