CONFIDENTIAL

Page 75

1

NFIDENTI

Law Society would meet the Society's own representations and demonstrate that the Government had not weakened in its determination to make reforms where they were needed. The rules of the Law Society under which they determined qualification for advocacy would require the concurrence of the Lord Chancellor and the four Heads of Divisions in the light of advice from the Independent Advisory Committee on Education and Conduct. This Allowed the existing model for judicial approval of the Ciety's rules on advocacy and conduct. The Sub-Committee on tition Policy of the Ministerial Steering Committee on Ec Strategy (E(CP)) had broadly endorsed these proposals, bu had also been concerned that the intention to extend rights ofdience should be stated on the face of the statute. The redraft of the White Paper attached to C(89) 10 accordingly said, in paragraph 2.4, that the statute would contain such a provision. believed however that the main emphasis should be put on the new explicit power to be given to the Law Society as soon as th like that i

was passed and it might be that a statement agraph 2.4 would weaken the effect of that proposal by seeing that the extension of rights of audience lay further in

re.

The proposal in the te Paper which would have the greatest general effect wasuilding Societies and banks could be empowered to offer nyancing services to their borrowers. The White Paper contarea range of proposals designed to ensure that the servic

of a high standard and that conflicts of interest werided, including the proposal that sed, including the proposal that in all cases clients should offered a personal interview with the solicitor or lice

conveyancer conducting the transaction. On contingency fees the White Paper proposed to allow speculative actions, as i land, with a right for the lawyer and client to agree a sma percentage uplift in fees related to the costs otherwise på

It rejected the more extreme alternative of contingencyees linked to a proportion of the damages received. Finally, on multi-disciplinary partnerships the White Paper proposed to abolish the statutory bar on the formation of such partnerships future the professions would be able to make their own rules, on

solicitors.

In

the matter, but they would be subject to see under the new restrictive trade practices legislation except related to advocacy and the conduct of required the approval of the Lord Chancellor.

sofar as they on and so

If Cabinet agreed the White Paper, he would publis make an oral statement, on 19 July. Since it refer proposed White Paper on restrictive trade practices it desirable for that White Paper also to be published on or that day.

7

and

the

ONFIDENTIAL

Page 75

CONFIDENTIAL

·

Page 75

||

Share This Page