Frequently Asked Questions (FAQs)

Can’t find an answer to your question about the LSB on this website? Please email us at: contactus@legalservicesboard.org.uk and we will try to help.

Why were you created?

The 2001 Office for Fair Trading report, Competition in the Professions, identified a number of issues that had the potential to disadvantage consumers in the legal services sector. Following that work, Sir David Clementi undertook an independent review of the regulatory framework for legal services in England and Wales. His 2004 report highlighted the need for a new oversight body to bring much-needed consistency and clarity to the regulation of lawyers, and a sharper focus on the interests of consumers. That body, the Legal Services Board, was subsequently established under the Legal Services Act 2007. The Act sets up a framework that includes eight regulatory objectives which will ensure a clear focus on regulation in the public interest.

What activities are regulated under the new framework?

Section 12 and Schedule 2 of the Legal Services Act set out and define six “reserved legal activities”, ie activities that lawyers need to be authorised to undertake before being allowed to do so. For example, a lawyer cannot represent a client in court unless he or she is authorised and regulated under the Legal Services Act framework. The six reserved legal activities are:

the exercise of rights of audience (ie appearing as an advocate before a court);
the conduct of litigation (ie managing a case through its court processes);
reserved instrument activities (ie dealing with the transfer of land or property under specific legal provisions);
probate activities (ie handling probate matters for clients);
notarial activities (ie work governed by the Public Notaries Act 1801); and
the administration of oaths (ie taking oaths, swearing affidavits etc).

Will the activity of will-writing be regulated in the future?

The activity of will-writing is not presently a reserved legal activity. However, there have been calls for mandatory regulation to be introduced in this sector. In our Business Plan 2010/11, we undertook to examine whether the scope of reserved legal activities should be altered. In doing this, there may be fine judgements to be made for example between the desirability of extra consumer protection and the adverse impact of possibly higher cost owing to compliance with regulation. To gather evidence on the particular question of whether will-writing should become reserved, we have started to consult a wide range of stakeholders informally about the best way forward and we have asked our Consumer Panel to conduct an investigation into consumers’ experiences. This process was started through a workshop bringing together the full range of practitioner and stakeholder representatives on this issue to advise on the parameters of the Consumer Panel’s investigation. We then expect to consider the case for change, in light of the Panel’s advice, during 2010/11.

How are you paid for?

A principle underlying the Legal Services Act is that the legal profession should pay for the LSB and the Office for Legal Complaints (OLC). Accordingly, the LSB is required to impose a levy on the approved regulators and that levy will cover the full cost of establishing and running the LSB and OLC. During the time it takes to implement the levy arrangement, costs incurred will be covered by funds lent to the LSB by the Ministry of Justice and subsequently repaid through monies raised by the levy.

How much will you cost?

The costs associated with establishing the LSB and OLC were calculated by the Government during the passage of the Legal Services Act to be £32.1 million. Of that sum, £19.9m will be recoverable through the levy, £9.8m will fall directly to the Law Society and £2.4m will fall to the Ministry of Justice.

Do you cover the entire United Kingdom?

No. The LSB is the oversight regulator for legal services in England and Wales. Its remit does not extend to Scotland or Northern Ireland.

Can you help me get Legal Aid?

No. The Legal Services Commission (LSC) is the body responsible for running the legal aid scheme in England and Wales. Their website can be accessed using the following link http://www.legalservices.gov.uk.

How can I find a lawyer?

Although the LSB cannot find a lawyer for you, several organisations can help you find advisers who specialise in your type of problem:

How do I complain about my lawyer?

In the future the Office for Legal Complaints will be the body responsible for administering an ombudsman scheme to deal with all service complaints about lawyers. However, until that body is established you will need to go to the relevant existing organisation. For example:

The Legal Services Ombudsman currently oversees the handling of complaints about lawyers in England and Wales. Further information can be found on the OLSO website.

When will the Office for Legal Complaints (OLC) be fully established?

The Office for Legal Complaints (OLC) will take longer to establish than the Legal Services Board (LSB). This is because the LSB appoint the OLC, who then must define the scheme rules for how it will operate. We envisage that the OLC will become fully operational in late 2010.

Can you help me with my court case?

No. The Legal Services Board has no remit in respect to court cases. However, Her Majesty’s Courts Service provides information on the courts system and how to deal with cases. You can access this guidance through the HMCS website.

How many lawyers are there?

The UK legal service sector is a significant employer. In 2008, in England and Wales, there were:

  • 112,240 solicitors with practising certificates. This represents a 56% increase with respect to 1997 (71, 637 practising solicitors);
  • 16,455 practising barristers. This represents a 39% increase with respect to 1997 (11,819 practising barristers)
  • 9,142 practising members of the Institute of Legal Executives (1,642 ordinary members and 7,500 fellows). Most legal executives work for solicitors’ firms, although a few work independently from solicitors;
  • 906 licensed conveyancers in England and Wales, and around 1,870 CLC students;
  • 836 registered trade mark attorneys and 1,817 United Kingdom registered patent attorneys
  • 887 notaries on the Roll; and
  • around 800 Law Costs draftsmen, of which around 200 are able to carry out a reserved legal activity.

How can I become a lawyer?

Entry to the legal profession has become highly competitive, with those wishing to enter greatly outnumbering the places available. In July 2006, the then Department for Constitutional Affairs published a leaflet which set out the main qualification and education routes for entry into the legal profession. It also set out what alternative routes are available should you be unsuccessful at a particular stage of your training. That leaflet can be accessed online at: http://www.dca.gov.uk/legalsys/routes_to_legal_profession.pdf. Please note that some of the contact details in the leaflet are not up to date.