Securing independent regulation

One of the Board’s early priorities was to ensure a common baseline of independence and competence across the regulators. Prior to the Legal Services Act 2007, public confidence suffered because the same body acted as both the representative body for certain categories of lawyer and, at the same time, regulated those members. Fears that the system acted in the interests of lawyers rather than consumers were brought to an end through the separation of those functions and the establishment of independent regulatory arms.

Independent regulation runs through the reforms:

The LSB

The LSB is independent both of government and professional interests in the sector. Reflecting this, the LSB Chairman is a non-lawyer, along with a majority of Board members.

Legal Services Consumer Panel

The Consumer Panel has been established to advise the LSB on the interests of users of legal services. The Panel publishes its advice and the LSB must respond publicly to its recommendations.

The approved regulators

The institutional separation of representative and regulatory functions amongst the approved regulators was only the first step. To ensure operational independence, the LSB has established a series of Internal Governance Rules, designed to certify factors that can reassure the public on the independence of regulation of different types of lawyers. Examples of factors scrutinised include lay majorities on Boards, shared services, the freedom to set strategy, adequate resource allocation from the corporate centre to deliver on plans and appointments to regulatory boards, in line with guidance set out in the Board’s letter of 2 December 2008.

Where compliance is falling short, we set proportionate timescales for the approved regulators to resolve issues.

Information on the 2011 round of compliance certificates and the 2010 round of compliance certificates is available on our website.

Information is also available on the LSB’s Practising Fee Rules along with the Practising Fee 2010 and 2011 applications.

The Legal Ombudsman

The Legal Ombudsman is an independent Ombudsman scheme set up to resolve complaints by consumers about legal services.

Relevant contact

For more information please contact Regulatory Associate, , who can be reached on 020 7271 0054.