Developing a changing workforce for a changing market
The legal services market is evolving: new technologies, international transactions, new business models and heightened consumer expectations have all changed the landscape. As the market changes, the workforce needs to develop in such a way that ensures that consumers are getting the right level of service. To this end, one of the Regulatory Objectives set out by the Legal Services Act 2007 is to encourage an independent, strong, diverse and effective legal profession.
We have three strands of work in this area:
Education and training
Section 4 of the Legal Services Act 2007, places a responsibility on the LSB to assist in the maintenance and development of standards in relation to education and training.
Whilst the nature of service delivery has changed, training requirements have remained broadly static – creating a disconnect between education and practice. Preparedness for practice depends on better equipping trainee lawyers. To this end, training requirements are a regulatory tool for ensuring proper standards of professional and ethical competence across the workforce.
The LSB is engaging with the review of education and training led by the Solicitors Regulation Authority (SRA), the Bar Standards Board (BSB) and ILEX Professional Standards (IPS). This review, the first of its scale since 1971, will deliver a strategic assessment of the needs of the workforce in 2020. The LSB set out its expectations for the review through the Chairman’s Lord Upjohn address in October 2010. More details about the review are available on the SRA website. Details of key appointments made in relation to the review are also available.
Quality
Post-qualification, regulation can play a role in ensuring that risks of consumer detriment are addressed through quality assurance. Our work in this area includes research into risk, support with assessment and the development of a toolkit to identify appropriate regulatory interventions.
We asked the Consumer Panel for advice about consumers' perceptions of quality and what they understand of the range of assurance measures and titles across the legal professions. We will now explore more broadly, with approved regulators and wider stakeholders, the future development of quality assurance mechanisms and what their relationship with regulatory requirements should be. We responded to the Consumer Panel’s advice by publishing a document setting out the details of how we will develop our approach to quality assurance in the legal services market.
The Board has also been overseeing the development of a Quality Assurance Scheme for Advocacy (QASA), which has been developed jointly by the SRA, BSB and IPS through the Joint Advocacy Group (JAG). This will apply to criminal advocacy in the first instance.
In March 2011, we released a report commissioned from Human Assets into issues concerned with the delivery of the Quality Assurance Scheme for Advocates. The findings will contribute to the work of the JAG in shaping the implementation of the QASA (criminal) and the LSB’s consideration of any application to change regulatory arrangements.
Diversity
The legal workforce needs to better reflect the communities which it serves, bringing in the brightest and best of each generation of would-be lawyers. We have already conducted research that has identified significant challenges facing diversity in the workforce. Based on those findings, we expect the approved regulators to evaluate their diversity initiatives, to assess their effectiveness and share learning points.
In addition, we have consulted on new transparency duties at firm and chambers level to monitor and publish diversity figures. This initiative is designed to create a commercial incentive to take action to widen access and support progression and retention.
In December 2011 the LSB made public the set of criteria it will use to assess approved regulators’ compliance with the new duties.
Much of the work on diversity has been marshalled through the Diversity Forum of the Professional Regulators.
Research by other organisations on diversity helps build a picture of challenges in this area. Please note that the LSB cannot be responsible for the content of other organisations’ websites.
Relevant contact
For more information please contact Regulatory Project Manager , who can be reached on 020 7271 0089.