COUNCIL MEMBER'S REPORT

Council Member's Report

November 2023

New Law Society President

We welcomed our new President, Nick Emmerson, at the AGM in October.

His three key themes for the year are

• Our profession as an economic powerhouse Solicitors help power the UK economy by underpinning our international and domestic trade and being a core component of our international reputation as a great place to do business.

• The value our profession brings locally by solicitor firms

• The value our profession provides individuals within wider society.

Mental Health and Neurodiversity

The Law Society marked Mental Health Awareness Week in May by sharing content and stories on social media, in newsletters and other communication channels. It signposted to resources and support for individuals and for firms to create healthy workplaces. The then President produced an article in the Law Society Gazette which was well received, particularly the onus on taking collective responsibility for good mental health in workplaces.

TLS also supported an event bringing together neurodivergent people in the legal sector and allies for Neurodiversity Celebration Week in March.

Representation on Council

There are currently 97 seats on Council, including mine, being the geographical seat for you in the South Constituency.

In recent years, the terms of office for Council members has been limited to 12 years (three terms of four years)- a change supported by you as Law Society members and changes have been made to representation of work sectors and Special Interest Seats. Currently, there is debate about what expense payments, if any, should be paid to elected and appointed Council members which will be considered further at the December Council meeting.

Review of Civil Legal Aid

As many of you will have submitted tender for a new civil legal aid contract recently and are awaiting the outcome, you may be interested to know that the Law Society has been engaging with the Ministry of Justice since January 2023 on its review of civil legal aid. During the Spring and Summer, TLS has been conducting research through stakeholder workshops and the results will be published at the end of March 2024. It is commissioning its own economic analysis and submitting findings to the review. A consultation is expec

TLS is calling on the government for:

1. Emergency investment injection while the review takes placeinterim increase for all fee levels to sustain the system. An interim increase of 15% for work undertaken at the early advice stage, would cost an estimated £11.3 million

2. A widening of the scope of legal aid – widen access to early advice to prevent problems from escalating;

3. Reduced bureaucracy – a more flexible approach to the contracts; and

4. Invest in recruitment and retention of staff – Law students do not see legal aid as a viable career option. The government must invest in the training of the future legal aid workforce

TLS view is that the MOJ analysis does not go far enough- it does not look at the fees. TLS is proposing to produce a stronger evidence base to support its arguments to the MOJ and understand what investment is needed to make the provider base sustainable. It has a plan to fix the court backlogs and is influencing the National Audit Office commitment to invest (making a call for £11.3m).

Meanwhile, it is continuing its campaign on legal aid and has a project for 21st Century Justice to modernise delivery of legal aid and solutions for those falling into the justice gap who are not eligible for legal aid and cannot afford a solicitor.

CILEX regulation

In October 2022 the LSB commenced an investigation into disputes and disagreements between CILEX and CILEx Regulation.

In August 2023, the SRA launched its consultation on arrangements for SRA regulation of CILEX members. It closed on 22nd November. The consultation sought views on

- A separate Code of Conduct for CILEX members to keep a clear line between CILEX lawyers and regulated legal professionals

- Rules on how CILEX lawyers will be authorised to provide reserved legal services based on their specific expertise, on the basis that this will keep a separate career path for CILEX members

- The SRA approach to their investigation and enforcement of CILEX lawyers

- How the SRA proposes to regulate CILEX- ACCA Probate practitioners and the CPS Associate Prosecutors currently regulated by the CRL.

TLS has responded challenging some of the assumptions and proposals and we now await the outcome of the consultation. A press release summarises the concerns as follows:

• The SRA expects these changes will not affect the reputation and standing of the identity of the solicitor profession or the way it is regulated, despite an insufficient impact assessment.

• To move only some of CILEX’s members to the SRA creates regulatory fragmentation.

• The SRA takes no view on CILEX’s proposal to introduce the title of ‘SRA-Chartered Lawyers’, despite the risk of confusion this would cause for consumers when choosing legal services.

The progress of this will be debated by Council over the coming months.

If you have any comments to make, please let me know. ■

Adrienne Edgerley Harris

aedgerleyharris@shentons.co.uk

01962 844544