Legal Profession in Private Practice Essay Example | Topics and Well Written Essays - 3000 words

Legal Profession in Private Practice - Essay Example If such private practice is unregulated and left to the vagaries of the market, it leaves it susceptible to abuse. Unlike other commodities and services where the harmful effects of deregulation are minimal, and in some cases deregulation is actually better, the legal profession has to contend with the fact that ultimately, its aim is the dispensation of justice. It seeks to correct redresses committed against individuals and seek accountability from the wrongdoers. It plays an integral and important part in our justice system, and the justice system in turn plays an important part in the maintenance of social order and the promotion of human rights. Hence, the legal profession can in no wise be treated as simply a commodity or a service to be provided to those who can pay, without regulation or State intervention. In July 2003, Sir David Clementi was tasked to carry out a review of the regulatory framework of the legal services in England and Wales. The terms of reference were:†¢Ã‚  To consider what regulatory framework would best promote competition, innovation and the public and consumer interest in an efficient, effective and independent legal sector.†¢Ã‚  To recommend a framework which will be independent in representing the public and consumer interest, comprehensive, accountable, consistent, flexible, transparent, and no more restrictive or burdensome than is clearly justified. Among his recommendations were the setting up of a Legal Services Board that has oversight powers. to regulate front-line bodies like the Law Society and the Bar Council, the creation of an Office for Legal Complaints that will be tasked to handle all forms of complaints lodged by the public against members of the front-line bodies, and opening up the system to alternative structures that will allow lawyers and non-lawyers to work together and provide legal internvention. The summary of all this is that the underlying reason behind the initiatives of Parliament is to introduce a Legal Services Bill that aims, in essence, to provide an oversight of the legal profession so that the greater public could best be served with legal services that are effective and accessible. To quote from the Written Ministerial Statement of Lord Falconer of Thoroton: The draft Bill sets out our detailed plans for the creation of a strong independent oversight regulator the Legal Services Board which will ensure that front line regulators discharge their duties effectively. In addition, legislation will provide the LSB with a wide range of powers including those to authorise