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The LSA: past, present, futureUCL LLM students
12 March 2019
Robert Cross
Research Manager
Overview
2Legal Services Board
• Why was change necessary?
• What regulatory changes have been made?
• What's changed so far?
• What's the future?
Overview
3Legal Services Board
• Why was change necessary?
• What regulatory changes have been made?
• What's changed so far?
• What's the future?
How the LSA came about
4Legal Services BoardLegal Services Act 2007 (LSA)
Putting consumers first 2006
ClementiReview 2004
Competition in
professions 2001
No need to change? The sector has grown
5Legal Services Board
Unregulated legal businesses(20% £Tnvr UK)
Sources: ONS, LSC, LAA, MoJ, SLAB, NILSC, NILSA – UK WIDE
Use of lawyers limited for individuals
6Legal Services Board
Source: Legal Services Benchmarking Survey 2012
Why people don't choose lawyers
7Legal Services Board
Source: Consumer use of Legal Services, Optimisa, 2013
Why are there unserved consumers?
8Legal Services Board
• “our findings indicate that use of lawyers may be more
fundamentally driven by whether or not people characterise
problems as being “legal”...... To the extent characterisation
is linked to people's understanding of the law, it raises questions
around public legal education. To the extent it is linked to problem
severity, or the stage that problems have reached, it raises
questions around the accuracy of people’s cost-benefit
assessments and the appropriateness of characterisations. To
the extent it is linked to the supply of traditional legal services, it
raises questions around the functioning of the legal
services market”
Source: Horses for courses? Pascoe Pleasence, Nigel J Balmer, Stian Reimers, LSB 2010 – LSB emphasis
Overview
9Legal Services Board
• Why was change necessary?
• What regulatory changes have been made?
• What's changed so far?
• What's the future?
10
Regulatory structure 2010 onwards
Legal Ombudsman
Legal Services Board
LSCP
Legal duty to promote the regulatory objectives
11Legal Services Board
1. Protecting and promoting the public interest
2. Supporting the constitutional principle of the rule of law
3. Improving access to justice
4. Protecting and promoting the interests of consumers
5. Promoting competition in the provision of services
6. Encouraging an independent, strong, diverse and effective
legal profession
7. Increasing public understanding of the citizen’s legal rights and
duties
8. Promoting and maintaining adherence to the professional
principles
Source: LSA 2007
Codified ‘Reserved’ activities.....and enabled regulatory change
12Legal Services Board Source: Part 3 LSA 2007, LSB website rule change applications
Statutory titles
13Legal Services Board
Protected Unprotected
Solicitor Notary
Barrister Costs Lawyer
Registered Trade Mark Attorney
LawyerLaw Practitioner
Patent Attorney Paralegal
Legal Adviser
Attorney
Advocate
Non Lawyer ownership: What is an ABS?
Legal Services Board 15
a. Equity can be raised from a broader
base of potential partners, members or
directors;
b. Non-solicitor employees may be
rewarded by partner, member or
director status, with a direct stake in
the organisation;
c. The ability to diversify the range of
legal services provided by the practice;
d. Equity can be raised from outside the
legal sector without the need for non-
lawyer involvement at the
management level
Source: Law Society
The ABS suitability test
15Legal Services Board
You must:
1. uphold the rule of law and the proper administration of justice;
2. act with integrity;
3. not allow your independence to be compromised;
4. act in the best interests of each client;
5. provide a proper standard of service to your clients;
6. behave in a way that maintains the trust the public places in you and
in the provision of legal services;
7. comply with your legal and regulatory obligations and deal with your
regulators and ombudsmen in an open, timely and co-operative
manner;
8. run your business or carry out your role in the business effectively and
in accordance with proper governance and sound financial and risk
management principles;
9. run your business or carry out your role in the business in a way that
encourages equality of opportunity and respect for diversity; and
10. protect client money and assets.
Source: SRA Handbook
Overview
16Legal Services Board
• Why was change necessary?
• What regulatory changes have been made?
• What's changed so far?
• What's the future?
17Legal Services Board
ABS - aims
Source: Evaluation: ABS and investment in legal services
Growth of ABS
18Legal Services Board
• 2017:
• 19% are new
firms
• 37% did not
offer legal
services
before
getting their
ABS licence
• 23% provide
other
services
• 68% have
less than 50
employees
• 17% are
wholly
owned by
non-lawyers
Source: Evaluation: ABS and investment in legal services, 2016 LSB ABS survey n = 204
ABS and investment
19Legal Services Board
Source: Evaluation: ABS and investment in legal services 2017
Investment in the UK legal sector over time
20Legal Services Board Source: ONS data
Levels of innovation over time
21Legal Services Board
Source: Technology and Innovation in Legal Services 2018, LSB
ABS and innovation
22Legal Services Board
Source: Technology and Innovation in Legal Services 2018, LSB
Number of lawyers grown by 22%
23Legal Services Board Sources: Approved Regulators
Number of entities largely static
24Legal Services Board Sources: TLS, SRA
Upheld allegations of misconduct falling
25Legal Services Board Sources: SRA performance reports
Public perceptions
26Legal Services Board Sources: Legal Services Consumer Panel, Annual Tracker Survey, You Gov.
Responses to problems – Small Businesses
27Legal Services Board Sources: Legal needs of small businesses 2013-2017 BMG Research
Trends in representation at court
28Legal Services Board Sources: MoJ Family Court statistics
Consumers experiences
29Legal Services Board Sources: Legal Services Consumer Panel, Annual Tracker Survey, You Gov.
The cost of going to law has risen
30Legal Services Board
Sources: ONS. LSB
• 2015 -
One hour
of
litigation
costs 47%
of an
individuals
average
weekly
earnings
Price differences for the same service
31Legal Services Board Sources: Prices of Individual Consumer Legal Services 2017, LSB, BMG Research
Price differences: reasons?
Factors captured but not significant
• ABS (13/15)
• Age (12/15)
• Sites (12/15)
• Remote services (15/15)
• Displaying prices (10/15)
• Menu of prices (11/15)
• Service delivery methods (11/15)
• Information provided at point of
sign up (8/15)
• Flexible payment options (14/15)
• Freq. of cases costing more (9/15)
Possible factors not captured
• Firm pricing strategy
• ‘Quality’ of service premium:
– Experience of fee earners
– Membership of Accred.
• Firm staffing structure/use of IT
• Fee earner utilisation rates
32Legal Services Board
Price differences: reasons?
Factors captured but not significant
• ABS (13/15)
• Age (12/15)
• Sites (12/15)
• Remote services (15/15)
• Displaying prices (10/15)
• Menu of prices (11/15)
• Service delivery methods (11/15)
• Information provided at point of
sign up (8/15)
• Flexible payment options (14/15)
• Freq. of cases costing more (9/15)
Possible factors not captured
• Firm pricing strategy
• ‘Quality’ of service premium:
– Experience of fee earners
– Membership of Accred.
• Firm staffing structure/use of IT
• Fee earner utilisation rates
33Legal Services Board
Price transparency in 2017
34Legal Services Board
Overview
35Legal Services Board
• Why was change necessary?
• What regulatory changes have been made?
• What's changed so far?
• What's the future?
LSB Vision for LSA reform – September 2016
36Legal Services Board
The structure of the regulator
Single regulator covering the whole market
Consumer representation
Independent sector-specific consumer voice, a general duty to consult and engage with consumers
Independence of regulation
Independent both of the professions and government and accountable to Parliament.
Focus of regulationOn activity, with regulation of providers only for
specific high risk activities.Regulation not based on professional title.
Scope of RegulationActivities for which an independent review determines regulation is necessary on grounds of risk to the
regulatory objectives
Regulatory ObjectivesSafeguarding the public interest by protecting consumers and ensuring the delivery of outcomes in the interests
of society as a whole
Transparency and the CMA market study
2016
37Legal Services BoardSources: CMA Legal Services Market Study 2016
CMA 2019: What have regulators done so
far?
38Legal Services BoardSources: Approved regulators
Regulator Market segments affected Transparency requirements Date
BSB
Crime Employment, Family Immigration, Other Welfare (Debt), Wills, Trusts, and Probate
State that clients can contact them for a quotation, their most commonly used pricing models for legal services, such as fixed fee or hourly rate and the areas of law in which they most commonly provide legal services. Additionally they must provide information about the factors which might influence the timescales of their most commonly provided legal services.
After May 2019
Cilex Regulation
Conveyancing, Wills, Trusts, and Probate
-Cost information -Service information e.g. timescales. - Regulatory information – including the Cilex logo -Complaints process.
14th January 2019
CLC
Conveyancing, Wills, Trusts, and Probate
-Cost information -Service information e.g. timescales. - Regulatory information – including the CLC secure badge. -Complaints process. -Referral details – e.g. fees paid.
6th December 2018
SRA
Crime Employment, Family Immigration, Other Welfare (Debt), Wills, Trusts, and Probate
Cost information -Service information e.g. timescales. - Regulatory information – including the SRA digital badge. -Complaints process.
6th December 2018
Others
To be determined After April 2019
Technology hype – Gartners cycle
39Legal Services BoardSource: Scott Brinker, https://thinkgrowth.org/one-thing-everybody-forgets-about-gartners-hype-cycle-ecfe7e9de8ff
Technology hype – Gartners cycle
40Legal Services BoardSource: Scott Brinker, https://thinkgrowth.org/one-thing-everybody-forgets-about-gartners-hype-cycle-ecfe7e9de8ff
What is the current level of use of technology?
41Legal Services BoardSource: Technology and Innovation in Legal Services 2018., LSB
Drivers and barriers
42Legal Services Board Source: Technology and Innovation in Legal Services 2018. LSB
Users and benefits
43Legal Services Board Source: Technology and Innovation in Legal Services 2018. LSB
Benefits
Workforce impacts?
44Legal Services Board
• IT replacing Qualified solicitors:
• All firms: 2% in 2013/14 and 3% in 2016/17
• Large firms: 3% in 2013/14 and 15% in 2016/17
• IT replacing Paralegals:
• All firms: 3% in 2013/14 and 5% in 2016/17
• Large firms: 8% in 2013/14 and 26% in 2016/17
Sources: The Law Society - 2017 Capturing Technological Innovation in Legal Services, 2018 Forecasts
The LSB’s strategy and new five-year policy
objectives
Promoting the public
interest through ensuring
independent, effective
and proportionate
regulation
Making it easier for all
consumers to access the
services they need and
get redress
Increasing innovation,
growth and the diversity
of services and
providers
The LSB’s strategic objectives 2018-21
The regulators have
appropriate frameworks
for continuing assurance
of professional
competence throughout
the careers of the people
they regulate
The LSB is perceived as
being at the forefront of
enhancing public legal
education
Access to legal services is
increased through the
promotion of responsible
technological innovation
that carries public trust
5 year policy objectives:
Key markers of our success
Source: LSB Business Plan consultation 2019/20
Summary of work packages for 2019/20
Promoting the public
interest through ensuring
independent, effective
and proportionate
regulation
Making it easier for all
consumers to access the
services they need and
get redress
Increasing innovation,
growth and the diversity
of services and
providers
• Ongoing competence
• Responding to EU exit
• Market evaluation
exercise
• Consumer transparency
• Individual legal needs
survey
• Regulatory performance
• Internal Governance
Rules
• Review of PCF processes
including non-regulatory
permitted purposes
• Public legal education • Technology
Other key workstreams
Discharging our statutory duties
5-year policy objectives – laying the foundations
Source: LSB Business Plan consultation 2019/20
Facts and figures are all online:
Questions?
48Legal Services Board
https://research.legalservicesboard.org.uk/
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