| January 7th, 2008 | No Comments | |
| Written by Ernest Paul | ||
| Technorati Tags: Legal Offshoring | ||
The Legal Services Bill was given Royal Assent in Britain on 30 October, 2007 and the many special considerations made by ministers in the closing phase of the Bill have been greatly appreciated. It is believed that these will greatly strengthen the legislation.
So what are some of the modifications made and what impact will they have on legal process outsourcing?
It has now been made very clear that the main responsibility for regulation rests with the approved regulators. The Legal Services Board will only get involved when the actions of the regulators are questionable.
It has also been accepted that the Lord Chancellor will confer with the Lord Chief Justice with respect to appointments to the Board.
The statute that lawyers should not be compelled to pay charges in cases where a complaint has not been upheld but has been dealt with appropriately in house has also been given the nod. Known as the ‘polluter pays’ principle it is bound to be popular with lawyers.
The public will also have the right to use to a wider array of legal services as the right to justice will be carefully deliberated.
The government has also accepted that access to justice must be properly considered whenever new licenses are issued. This will be vital in ensuring that the public has access to a wide range of legal services.
The Law Society is now permitted to regulate legal disciplinary practices in advance of the introduction of the ABS administration from 2011. This will enable the legal profession and the public to realize its benefits earlier than expected.
As a result of these amendments the independence of the legal profession and its regulation from government, will be ensured.
The provision in the Bill that will have sweeping effects on the legal profession and will enhance the growth of legal off shoring is the one that allows for the formation of Alternative Business Structures.
The Bill summarizes it thus: “Alternative Business Structures (ABS) will enable lawyers and non-lawyers to work together on an equal footing to deliver legal and other services. External investment will be possible”.
Now, even non-lawyers can own and invest in law firms. This appears to pave the way
for insurance companies, banks and other corporations to own and invest in accessible
law firms and even to set up their own marketing legal services and firms. There is every
possibility now of striking alterations in the way the general public will be served legally.
If you combine the impact of the Legal Services Bill with the fact that finally, the legal profession has woken up to the concept of legal process outsourcing we will witness a dramatic transformation .
An entire project need not be outsourced. Parts of it may be, systematically.






























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