Summary of Report of the Legal Affairs and Policy Board -December 2009

Part of this report was discussed in part 2 as it concerned policy in formation in relation to key issues for the profession. However the public discussion centered on the following:-

Consumer Contract Regulations
The Board noted that further advice had been sought from counsel as to the drafting of a practice note on this subject to ensure that the implications for conditional fee agreements were included. Further advice has been requested and it is hoped that the practice note will be issued shortly.

Contracts with the Bar
Mark Stobbs had written to the Bar Standards Board with the Law Society’s comments on the proposed new rules and the contract. A working group of the LAPB had been established to consider detailed issues about the contract and, if appropriate, prepare guidance. A copy of the letter to the Bar is attached at Annex 1.

Ministry of Justice Consultation on Oaths Fees
The Board noted that the MoJ proposed to double the fees which Commissioners for Oaths may charge to £10 per oath for affidavit and £4 per exhibit. The Law Society has been lobbying for an increase in oath fees as there has been no increase in the fees since 1993.

ILEX and Accreditation Schemes
The Board noted that the Criminal Law Committee was content for ILEX members to be accredited in the Criminal Law Accreditation Scheme. It was noted that historically ILEX members were not admitted to the Criminal Law Accreditation Scheme as members did not have rights of audience; however ILEX members were admitted to other Law Society accreditation schemes. The Board agreed the approach of the Criminal Law Committee and it was agreed the response to the Membership Board would be in favour of admitting ILEX members who met the relevant criteria.

A number of matters regarding legal aid were discussed in Part 2. It was noted that the tendering timetable for legal aid contracts had been released with Immigration beginning in the week commencing 30 November 2009.

Solicitors Manifesto
A manifesto outlining Law Society policy on a number of issues of relevance to the profession would be prepared prior to the next election. Specialist committees had already been approached to input their views and additional representational issues such as access to justice, jurisdiction of choice issues and the importance of the profession to the economy would be included. The importance of High Street firms as SMEs would also be highlighted. A first draft of the Manifesto would be brought to the Board in January and put before Council in February.

Legal Expense Insurance
The Board indicated that there were a number of concerns and issues to be undertaken in this area and work was to start with a major campaign planned for 2010.

Mortgage Fraud
Work relating to this was discussed in Part 2 but the Board were looking at a number of options whereby the profession could reduce their liability and risk in this area.

Constituency Matters
A Council member reported that a constituent of his had successfully judicially reviewed the Legal Complaints Service and been awarded £38,000. It was indicated that this was correct and that there had been £35,000 in costs. This was under delegated conduct exclusively with Legal Complaints Service.