Saturday, October 5, 2019

How do you think that the Legal Services Act 2007 will change the Essay

How do you think that the Legal Services Act 2007 will change the Legal Profession - Essay Example To note, lawyers are duty-bound to preserve the respectable reputation of their profession. Also, it has been observed that restrictive legal practices prevent professional competition among legal practitioners (Mortensen, Bartlett, & Tranter, 2010). As such, in 2003, the Blair administration commissioned Sir David Clementi to conduct a review of the profession’s regulatory structure (Mortensen et al., 2010). Clementi’s report envisioned three major reforms which were adopted under the act: (1) the creation of the Legal Services Board (LSB); (2) the establishment of the Office for Legal Complaints (OLC); and (3) the authorization of alternative business structures. This set-up has actually been described as consumer-focused and competition-based. The LSB is meant to supervise or oversee the present professional bodies (Mortensen et al., 2010). It can only exercise its intervention power upon finding that the approved regulators have seriously failed or persistently fail ed in its responsibilities (Mortensen et al., 2010). The OLC on the other hand acts as the single handler of all complaints due to unsatisfactory legal services (Mortensen et al., 2010). This body accords the Ombudsman the power to issue orders against erring legal practitioners (Mortensen et al., 2010). ... n a store of knowledge that was more than ordinarily complex†; (2) secure a theoretical understanding of the field with which it tackles; (3) apply its complex and theoretical body of knowledge to the practical and feasible solution of social and human dilemmas; (4) â€Å"strive to add to and improve its stock knowledge†; (5) transmit the knowledge to newcomers formally and deliberately; (6) provide requirements for admission, proper conduct and legitimate practice; and (7) be imbued with altruism (cited in Bowie, 1988, p. 743). Law complies will all the aforementioned requisites. The most important quality is having an altruistic spirit -- the concern for public good. This separates law from the other occupations. It is the core of the profession. In this context, if altruism is absent, then law becomes a business. Business has never been regarded as a profession (Bowie, 1988). Business people are self-centered (Bowie, 1988). They are primarily motivated by self-interes t (Bowie, 1988). This description is clearly in contrast with the seventh quality which Flexner suggested. There is a need to emphasize this point since the Legal Services Act works opposite to the cited principle. The third envisioned reform will make the legal profession a business. Allowing alternative business structures between lawyers and non-lawyers is not the kind of competition that can solve the problem on poor legal services. The change will not lower the number of customer complaints. Stated in another sense, the ends will not justify the means. It is against the basic theory of professionalism (Moorhead, Sherr, & Paterson, 2003). It would be better to implement rules which can enhance the ability of lawyers and enlighten them of the importance of public service. The legal profession must

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