The bar and the solicitors should agree on differentiating their professions. Legal advice, I would suggest, is one of them. It seems to me that the preservation of a distinct profession of barrister is actually in the interests of the public, because the barrister can and will defend those clients whom commercial legal outfits might ignore, because the barrister’s duty is to the court, to assist in the development of the law and protect the needy. Self-regulation is an exceptional privilege. There was a report from the OFT about competition in the professions - http://www.oft.gov.uk/OFTwork/publications/publication-categories/reports/professional_bodies/oft328 - and in relation to barristers it criticised them for restrictions such as not being permitted to form partnerships, not permitted much direct access to clients or the conduct of litigation. Let us consider the rule of law and the part played in it by the independence of the legal profession. My impression as a non-practitioner, but a student and teacher of the law is that there is great merit in the division. However, if errors are brought to its attention, the Commission undertakes to correct them, if deemed appropriate. And we hope that the spirit of independence is infectious. It is widely agreed that it means inter alia that no one shall be denied the benefit of the law or its consequences. Regulation of nursing associates in England ... legislation in order to give the Nursing and Midwifery Council the correct legal powers to effectively regulate the nursing associate profession. The cost of the LSB and its demands are serious issues, for the Bar would have to contemplate rises in the practising fee to fund it, were it to go up, at a time of constraint, and it also has to fund the new scheme of quality assessment of advocacy, the OLC, an education review and diversity data collection. The calls for change Professor Deech was appointed a crossbench Peer in 2005 and is currently a member of the House of Lords Select Committee on Communications. What difference will the Legal Services Act 2007 make, and should we continue to have a divided profession, barristers and solicitors? Its report ruled out partnerships, came down in favour of a two-branch profession and stressed independence and self-regulation. The case arose because the North Carolina Board of Dental Examiners, an agency created by the State to regulate “the practice of dentistry,” sent dozens of cease and desist letters to businesses offering teeth whitening services. And that is why fusion with the solicitors may not be for the best of all possible worlds. Taking into account, however, the historic role played by lawyers and the independent judiciary in the enduring constitutional stability of the UK, there are important values to be retained no matter how much reform is implemented and needed. There is a genuine need to make legal services more widely available in terms of price, method and competence. Copyright © This is usually a right only given to barristers. It will not compete with the regulation offered by the SRA. The Federal Trade Commission filed suit, alleging the Dental Board’s actions to exclude non-dentists from the market for teeth whitening services violated federal antitrust law. This The chapter goes on to examine the nature of the ethical guidance issued by the profession. They are that lawyers should act with independence and integrity, maintain proper standards of work and act in the best interests of their clients; that advocates should comply with their duty to the court to act with independence in the interests of justice and that the affairs of clients should be kept confidential. Proper self regulation ought to be possible and effective if the profession follows the Nolan principles of integrity in public service and above all controls misconduct swiftly and decently. The rules are not merely means to an end, they are an end in themselves and intrinsic to the rule of law itself. 'The Regulation of the Legal Profession in Ireland' is a new and insightful exploration of history, controversy and reform relating to the Irish legal system. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education. English law is comprised of criminal law and civil law. Legal practice is the differentiated legal expertise, judgment, and skills possessed by some—but not all—lawyers. But from the barrister’s perspective, the client is not just the man or woman who comes off the street seeking legal advice. So we have the Bar Council representing the Bar and the BSB regulating it, the Law Society representing the solicitors, and the Solicitors Regulation Authority regulating it. These include Pro Vice-Chancellor of the University of Oxford (2001-2004) and BBC Governor (2002-2006). I happened to be in the Chamber on 21 July 2009 when the House of Lords paid tribute to the Law Lords and bade them farewell on the occasion of their last appearance there before departure to the Supreme Court across the Square. This is important, given that the LSB has the power to fine, and to levy fees for its support from the profession, which has no way of challenging the budget, save through – a central government department! We have not heard much from the public about what they want, despite the proliferation of consumer panels and surveys; maybe the issues are just too complex and variable depending on the economic climate and the simple desire of the public, I guess, for direct affordable legal advice is thwarted more by that than by the lawyers themselves. [15] Lord Neuberger in a recent speech[16] drew attention to the uneasy compromises, saying that: “the ethos of consumer society is not necessarily ethical.” The Bar prefers to prioritise the public interest as a regulatory objective, as well as to pay significant regard to the “professional principles” listed in the same section of the Act. It also reminded me that the Bar, which I regulate as Chair of the BSB, is the main supplier of judges and that the quality of the Supreme Court’s development of the law is and will be inextricably linked to the quality of the young barristers who join the profession. regulate a profession that would be required under direct regulation. [8] It is to enable clients and organisations to challenge the government of the day; it is to secure interpretation and application of the legislation by persons without conflicting loyalties. It would be contrary to the spirit of the LSA if it did not give free rein to various models of entities. That is recognition of the overriding duty to the court: otherwise the very system that the client is relying on will not support him or her.