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Law Society of England and Wales

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34-513: The Law Society of England and Wales (officially The Law Society ) is the professional association that represents solicitors for the jurisdiction of England and Wales . It provides services and support to practising and training solicitors, as well as serving as a sounding board for law reform . Members of the Society are often consulted when important issues are being debated in Parliament or by

68-597: A professional body , professional organization , or professional society ) is a group that usually seeks to further a particular profession , the interests of individuals and organisations engaged in that profession, and the public interest . In the United States, such an association is typically a nonprofit business league for tax purposes. In the UK, they may take a variety of legal forms. The roles of professional associations have been variously defined: "A group of people in

102-556: A committee of management was appointed. The Society acquired its first royal charter in 1831 as The Society of Attorneys, Solicitors, Proctors and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom . A new Charter in 1845 defined the Society as an independent, private body servicing the affairs of the profession like other professional, literary and scientific bodies. By further Royal Charter in 1903

136-457: A learned occupation who are entrusted with maintaining control or oversight of the legitimate practice of the occupation;" also a body acting "to safeguard the public interest;" organizations which "represent the interest of the professional practitioners," and so "act to maintain their own privileged and powerful position as a controlling body." Professional associations are ill defined although often have commonality in purpose and activities. In

170-443: A profession or group of professions and protect the use of professional titles" and professional bodies that "are independent membership organisations that oversee the activities of a particular profession and represent the interests of [their] members" and which "may offer registration or certification of unregulated occupations on a voluntary basis." Many professional bodies are involved in accrediting degrees, defining and examining

204-614: Is instead funded by a levy on the profession. A framework document codifies the relationship between the two organisations. In 2022, Mark Fenhalls KC, Chair of the Bar Council in 2022, criticised the LSB for overreaching its function under the Legal Services Act 2007 , saying "does not attempt to act as a regulator of all legal services, nor of the entire legal services sector, because parliament has not given it that role". Fenhalls asked

238-547: Is responsible for overseeing the approved regulators and to ensure that regulation is conducted in adherence to the regulatory objectives, which it does through assessment against a regulatory performance framework. The LSB is responsible for ensuring that the approved regulators’ representative and regulatory functions are sufficiently independent from one another. It does this by establishing Internal Governance Rules (IGR), which dictate how regulators’ independent regulatory arms are kept independent. When regulators make changes to

272-632: Is the General Council of the Bar . The London Law Institution, the predecessor to the Law Society, was founded in 1823 when many London Solicitors came together to raise the reputation of the profession by setting standards and ensuring good practice. 'London' was dropped from the title in 1825 to reflect the fact that the Law Institution had national aspirations. The Society was founded on 2 June 1825, when

306-407: Is the principal building of the society. Built in 1832 the building is Grade II* listed. The architect was Lewis Vulliamy . An extension in 1902-04 was designed by Charles Holden . In addition to offices for its staff, the building is used for Law Society conferences and events and parts of the building are available on a private hire basis for events. The "Standard Conditions of Sale" are issued by

340-490: Is to ensure that regulation in the legal services sector is carried out in the public interest and that the interests of consumers are placed at the heart of the system. The Board came into being on 1 January 2009 and became fully operational on 1 January 2010. The Legal Services Board is an oversight regulator, and sits at the top of the regulatory system for legal services in England and Wales. It provides regulatory oversight of

374-613: The Legal Ombudsman which is a single portal for complaints by the public made against all providers of legal services including the Bar , licensed conveyancers etc., but excluding unqualified will-writers. The regulatory body for solicitors is the Solicitors Regulation Authority . It is a Board of The Law Society although it regulates and enforces regulation completely independently of the Law Society. The Law Society remains

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408-559: The Ministry of Justice to undertake a review of the LSB. Nick Vineall KC, Chair of the Bar Council in 2023 repeated this call, saying that there was nothing in the previous review in 2017 that it ought to be pursuing an overarching strategy for the entire legal services sector. The Bar Council also criticised the LSB's call for evidence on the role of lawyers in ensuring that non-disclosure agreements were not misused, stating that their use

442-511: The UK the Science Council defines a professional body as "an organisation with individual members practicing a profession or occupation in which the organisation maintains an oversight of the knowledge, skills, conduct and practice of that profession or occupation". The Quality Assurance Agency distinguishes between statutory bodies and regulators that "have powers mandated by Parliament to regulate

476-515: The 2007 Act, the LSB can: Under Section 51 to 54, the LSB has a duty to regulate practising fees, resolve regulatory conflicts and work with the Competition and Markets Authority and Lord Chancellor on competition issues. The LSB a non-departmental government body, sponsored by the Ministry of Justice , but independent in its operations and decision making. Its staff are not civil servants, but public servants. The LSB receives no public funds, and

510-488: The LSB has a duty to regulate practising fees, resolve regulatory conflicts and work with the Competition and Markets Authority and Lord Chancellor on competition issues. It has a duty to promote nine regulatory objectives defined under the Act, a duty it shares with the approved regulators: The professional principles are: If the approved regulators fail to uphold the regulatory objectives, or if they fail to comply with

544-529: The LSB submitted written evidence to the committee's inquiry into the future of legal aid. In 2020, the LSB also communicated with the committee regarding the Solicitors Qualifying Examination . On 22 November 2023, the committee opened a non-inquiry session on the Regulation of the legal professions. The LSB, along with others, submitted written evidence. The LSB provided oral evidence to

578-442: The LSB voluntarily submitted written evidence to the committee after it had heard from The Law Society , Solicitors Regulation Authority , Bar Council and Bar Standards Board in a public hearing on regulatory independence, which the LSB attended but was not invited to contribute to. In November 2016, the LSB also submitted written evidence to the committee in relation to the impact of Brexit on legal services. In October 2020,

612-548: The LSB's website. The Chair of the Board receives a non-pensionable remuneration of £63,000 per annum for 70 days work. Board member positions carry a non-pensionable remuneration of £15,000 per annum for at least 30 days work. On 11 November 2009, the LSB launched the Legal Services Consumer Panel . The Panel operates independently of the LSB and represents the interests of both individual and business consumers in

646-597: The LSB’s work to oversee the regulation of lawyers. The establishment of the Panel was a statutory requirement of the Legal Services Act of 2007. Members of the Panel are appointed by the LSB with the approval of Lord Chancellor. The Panel examines issues of importance to legal services consumers, advises the LSB in its work overseeing the frontline regulators and publishes this advice. Should the LSB fail to agree with such advice, it

680-521: The Law Society to provide a standard set of rules and expectations for the sale and purchase of residential property in England and Wales. As a contractual instrument they are intended "to create legal rights and legal obligations" on the part of both parties to a transaction. The fifth (current) edition was initially published in 2011, and was revised in 2018. The majority of residential property sales are subject to these conditions. Professional association A professional association (also called

714-475: The Society established its own Law Society School of Law, which later merged with tutorial firm Gibson and Weldon to become the independent College of Law . By 1922 The Law Society required a compulsory academic year for all clerks. Following the recommendations of the Clementi Review The Law Society split its representative and regulatory functions. Complaints from the public are handled by

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748-582: The Society established the Office for the Supervision of Solicitors to deal with complaints about solicitors. Complaints regarding the conduct of solicitors are now dealt with by the Solicitors Regulation Authority (SRA). However, complaints regarding poor service are the remit of the Legal Ombudsman . The Solicitors Act 1860 enabled the Society to create a three-tier examination system. In 1903,

782-458: The United Kingdom, merged with the Law Society to form its Women Lawyers Division. Although merged, the AWS will operate separately from the Law Society. In 1834, the Society first initiated proceedings against dishonest practitioners. By 1907, the Society possessed a statutory disciplinary committee and was empowered to investigate solicitors' accounts and to issue annual practising certificates. In 1983,

816-670: The approved regulator, although following the Legal Services Act 2007 a new body, the Legal Services Board (currently chaired by Dr Helen Phillips) oversees all the approved regulators including the Bar Council , which has also divested its regulatory functions into the Bar Standards Board . The Law Society of England and Wales is a Designated Professional Body under the Financial Services & Markets Act 2000. Located at 113 Chancery Lane The Hall of The Law Society

850-529: The committee on 5 December 2023. The non-inquiry resulted in a letter from the Chair of the committee to the Lord Chancellor on 22 March 2024, setting out the committees recommendations. The Lord Chancellor replied on 8 May 2024. The details of the current Chair of the Board and Board Members are available on the LSB's website The details of the LSB's current Chief Executive and executive team are available on

884-468: The discharge of its functions in the previous financial year and its performance in line with the regulatory objectives. It also oversees the Office for Legal Complaints (the body responsible for administering the Legal Ombudsman scheme), and makes recommendations to amend the list of reserved legal activities. Regulation of the legal profession is the responsibility of the approved regulators (ARs). The LSB

918-615: The eight ‘’approved regulators’’ named in the Legal Services Act of 2007 (LSA 2007), and two additional regulators added since the act gained Royal Assent. The Act outlines the general functions of the Board, which include: a duty to promote the regulatory objectives (and act in a way which it considers most appropriate for the purpose of meeting those objectives); to assist the regulators in the maintenance and development of standards of regulation, education and training of authorised persons; to have regard to good corporate governance practice in its affairs; and to prepare an annual report detailing

952-669: The executive. The Society was formed in 1825. The Hall of The Law Society is in Chancery Lane , London, but it also has offices in Cardiff to deal with the Wales jurisdiction and the Senedd , and Brussels , to deal with European Union law . A president is elected annually to serve for one year. The current president is Nick Emmerson . The Law Society has nothing to do with barristers in England and Wales. The relevant professional body for barristers

986-591: The name of the Society was changed to simply "The Law Society". The Society first admitted women members in 1922. In 1949, the Law Society was given the responsibility of legal aid by the Legal Aid and Advice Act 1949 . The function was passed to the Legal Aid Board by Legal Aid Act 1988. In July 2013, the Association of Women Solicitors (AWS), a national organisation working with and representing women solicitors in

1020-460: The power to recommend to the Lord Chancellor that they approve further approved regulators . This means that new bodies can apply to the LSB to become front-line regulators of parts of the legal profession. As a result of the LSA 2007 coming into force, all changes to these bodies' internal professional regulatory arrangements must be approved by the LSB.[10]:s.20/ Sch.3, Pt.3 Under Section 51 to 54,

1054-449: The regulation of lawyers in England and Wales . It is a non-departmental public body sponsored by the Ministry of Justice , created through the Legal Services Act of 2007 (LSA   2007). The Legal Services Board is politically and financially independent of the government. Costs are covered entirely by a levy on the approved regulators of the legal professions. Its overriding mandate

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1088-428: The rules governing those they regulate, they are required to submit an application to the LSB. The board then assesses these changes against a set of criteria on which applications can be refused, laid down in the Act. The following list is a breakdown of the different legal professions, along with the approved regulator for that profession and its independent regulatory arm. The approved regulators are: The LSB has

1122-507: The skills and competencies necessary to practice, and granting professional certifications to indicate that a person is qualified in the subject area. Many professional bodies also act as learned societies for the academic disciplines underlying their professions, such as the American Statistical Association . Legal Services Board The Legal Services Board is an independent body responsible for overseeing

1156-606: Was a matter for parliament, not lawyers. The LSB is subject to review and scrutiny by the Justice Select Committee . The committee’s role is to scrutinise the policy, administration, and spending of the Ministry of Justice (MoJ). As a non-departmental public body which is sponsored by the MoJ, the LSB falls under the Justice Committee’s remit. The LSB was invited to give oral evidence on 19 March 2013. In June 2016,

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