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1988 Marre Committee Report
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Looked at services provided by the legal profession.
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The
Courts and Legal Services Act 1990
(CLSA) |
The
CLSA was the result of the Report and the Act contains major changes
in the provision of legal services
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CLSA
established
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The
Lord Chancellor and Secretary of State for Justice's
Advisory Committee
on Education and Conduct.
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CLSA created the post of Legal Services Ombudsman
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To deal with complaints concerning legal
services which are not already being dealt with by a court. a tribunal
or the appropriate professional body. |
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CLSA provided for the extension of rights of audience
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In all courts a right of audience to...
The right to conduct probate work to all suitably qualified persons,
whether or not barristers or solicitors. Such a person, unless a party
to the proceedings, must generally have a right of audience in a court
approved by 'the appropriate authorised body'.
The rights of audience held by barristers and solicitors prior to
December 1989 are deemed to have been granted by the Bar Council and
Law Society respectively and therefore approved for present usage.
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Any extension of these rights, however, must be sent to the Lord
Chancellor's Advisory Committee
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The Committee reports to the
'Lord Chancellor and Secretary of State for Justice', who also seeks the advice of the Director General of Fair
Trading.
An application needs the consent of the Lord Chancellor and each of
four 'designated judges': the Lord Chief Justice, the Master of the
Rolls, the President of the Family Division and the Vice-Chancellor.
These judges, therefore. would have to approve any extension of
solicitors' rights of audience. Originally it was proposed that the
Lord Chancellor would have the sole power of approval, but it was
objected that this would challenge the independence of the legal
profession from the government.
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Advocacy standards and qualifications
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The Act also contains new regulations
requiring certain qualification standards for advocacy and litigation.
Banks, building societies and any other interested bodies are now able
to provide a conveyancing service to borrowers.
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Conveyancing |
The provision of such a service is open to
any practitioner authorised by the Authorised Conveyancing
Practitioners' Board.
The practitioner must be a 'fit and proper' person; the Board must
consider that the practitioner will be able to meet any claims made in
relation to the service; and the practitioner must be a member of the
Conveyancing Ombudsman Scheme established by the Act.
The Lord Chancellor may make regulations governing standards of
competence and to ensure that there is fair competition in the provision
of conveyancing services and no conflict of interest.
The Act prohibits loans for the purchase of residential property being
made subject to a provision that the borrower should use other services
(such as conveyancing) provided by the lender, and vice versa.
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Solicitors working with others |
The Act also deals with the problems of
multi-disciplinary and multi-national practices.
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The
Courts and Legal Services Act 1990
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Has provided something of a compromise,
abolishing the outright restrictions on multidisciplinary practices
while at the same time allowing the Law Society to make rules
controlling their operation.
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Patent agents
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Patent agents have limited rights of
audience as advocates and litigators since November 25, 1999. The
Chartered Institute of Patent
Agents join the Bar Council, Law Society and Institute of Legal
Executives as an authorised body for the purposes of the Courts and
Legal Services Act 1990.
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