FOR IMMEDIATE RELEASE
Thursday, 26 May 2016
Case not made for ban on fee charging McKenzie Friends
The Legal Services Board (LSB) has submitted its response to the Judicial Executive Board (JEB) consultation on the approach courts should take to McKenzie Friends.
The LSB supports many of the JEB's proposals, but it does not consider that the case has been made for a total ban on fee charging.
The Legal Services Board's Chief Executive Neil Buckley said:
"We recognise that the justice system is currently going through a period of significant change and that this brings challenges for consumers and in particular for the Judiciary. We welcome this consultation in light of these changes and support some of the proposals set out in it.
However we are not convinced that the case has been made for an outright ban on fee charging McKenzie Friends.
We know from our 2016 individual legal needs survey that 64% of consumers with a legal problem do not seek independent assistance in dealing with it. In this context, any moves to restrict consumers' choices should be targeted and based on evidence of detriment.
We do not believe that the consultation paper adequately explains why a ban is necessary, what harm the ban would address or what the consequences of the ban might be for consumers. In these circumstances we do not support this particular proposal."
ENDS
For further information, please contact the LSB's Communications Manager, Vincent McGovern (020 7271 0068).
Notes for editors:
- The Legal Service Board's (LSB) response to the Judicial Executive Board consultation on the approach courts should take to McKenzie Friends can be found here.
- The Legal Services Act 2007 (the Act) created the LSB as a new regulator with responsibility for overseeing the regulation of legal services in England and Wales. The new regulatory regime became active on 1 January 2010.
- The LSB oversees nine approved regulators, which in turn regulate individual legal practitioners. The approved regulators, designated under Part 1 of Schedule 4 of the 2007 Act, are the Law Society, the General Council of the Bar, the Master of the Faculties, the Chartered Institute of Legal Executives, the Council for Licensed Conveyancers, the Chartered Institute of Patent Attorneys, the Institute of Trade Mark Attorneys, the Association of Costs Lawyers and the Institute of Chartered Accountants in England and Wales.
In addition, the Institute of Chartered Accountants of Scotland and the Association of Chartered Certified Accountants are listed as approved regulators in relation only to reserved probate activities - As at 1 April 2015, the legal profession comprised 142,109 solicitors, 326 alternative business structures, 15,237 barristers, 7,848 chartered legal executives and 5,678 other individuals operating in other areas of the legal profession such as conveyancing. The sector is valued at £32 billion per annum (2015) which is up 23% in cash terms since 2012. For more information see here.