Clause 17

Part of Legal Services Bill [Lords] – in a Public Bill Committee at 11:45 am on 19 June 2007.

Alert me about debates like this

Photo of David Burrowes David Burrowes Conservative, Enfield, Southgate 11:45, 19 June 2007

I welcome the intention behind the amendment. A couple of weeks ago, a constituent was in my surgery who had been the victim of a gentleman  who presented himself as offering a legal service, when the advice in his letter was not worth the paper that it was written on. The constituent was frustrated in trying to seek some redress for her undermined claims. When she went to the police, they did not know what to do. Other clauses and regulations will hopefully deal with the matter in more detail, and we support that.

I welcome the general concern for client care. Client care and the code of conduct are a natural part of the day for every solicitor who gives advice. It is a natural part of the first letter to the client—those who are cynical might say as natural as asking for money on account. It is always there, without people thinking twice about it. It is also the case—it is particularly important when considering the clause’s merits—that such matters are explicit in the solicitors’ code of conduct. The code of conduct provides strict regulation in rule 2 about taking on clients. It is ingrained in the lives of every solicitor and designed to help both solicitors and clients to understand properly each other’s expectations and responsibilities, and explicitly to ensure that clients are given the information necessary to make appropriate decisions about whether and how they might wish to proceed.

Rule 2.02 of the code of conduct—it is worth putting it on record to see whether the situation merits such a clause—says explicitly:

“You must, both at the outset and, as necessary, during the course of the matter:

(a) agree an appropriate level of service;

(b) explain your responsibilities;

(c) explain the client’s responsibilities;

(d) ensure that the client is given, in writing, the name and status of the person dealing with the matter and the name of the person responsible for its overall supervision; and

(e) explain any limitations or conditions resulting from your relationship with a third party (for example a funder, fee sharer or introducer) which affect the steps you can take on the client’s behalf.”

The question is whether that needs to be explicit in the Bill. Given that the Bill seeks to extend the provision of legal services and to widen ownership, there is merit in careful consideration. My view, and that of my hon. Friends, is that we should avoid over-legislating and that such matters should be left to the regulators. However, if one were to include that in the Bill, one would have to question whether it should be limited to the two aspects contained within the clause and not incorporate all the elements within rule 2.02 on client care, which has served many solicitors well.