Organisation Description Year
RBB Economics

ECONOMIC IMPACT OF REGULATION IN LIBERAL PROFESSIONS A Critique of the IHS Report

A detailed critique of the IHS overall approach to quantifying regulation. This challenges the IHS methodology in terms of the statistical approach used, and the assumptions made around turnover and productivity because of a lack of objective data.

2003
IHS Vienna

Summary of the comparative legal and economic study into the EU conveyancing services market

Thsi report quantifies legal regulation through indexes:

-       Market Entry Regulation Index – covers regulations with regard to licensing  and reservation (number of exclusive tasks) of certain activities, requirements in education (such as length of education, number of professional exams etc) , and quotas on entry.

-       Market Conduct Regulation Index – covers regulations on prices, advertising, locations, business forms, and cooperation.

-       Mandatory Intervention Index

To actually build these indices they score elements and weight the results. The regulation indices are constructed by considering the regulations that hold with regard to a number of categories to do with entry into the profession and conduct within the profession. Each index has a range of “0” (no regulation) to “6” (highest degree of regulation). They produce an overall regulatory index by constructing a weighted sum of the scores, with the weights reflecting a judgement regarding the relative importance of each category of regulation.

2007
SEO Economics

Regulation of the legal profession and access to law

Summary of european wide investigation into access and regulation.

2008
Esben Sloth Andersen and Kristian Philipsen

The evolution of credence goods in customer markets: exchanging `pigs in pokes’ Esben Sloth Andersen and Kristian Philipsen

Considering general theory of purchase of credence goods,
“The brand or trademark is to a large extent explained by the fact that the variation of the levels of quality characteristics of a commodity tends to be less between specimens from a single producer-seller than between specimens from different sellers”. Page 6

1998
The Higher Education Academy: UK Centre for Legal Education

Access to legal work experience and its role in the (re)production of legal professional identity: Report on the first year findings. Dr Andrew Francis, Keele University and Professor Hilary Sommerlad, Leeds Metropolitan University

Interviews with 15 sixteen + partner solicitors firms found that:
Partners and graduate recruitment consultants from commercial firms acknowledged during the interview process that it is standard practice to award informal work experience to the children of clients as part of their business development activities. Page 1

2010
The Law Society

What will be the impact of ABS on geographic access to justice? Phase 1 Final report July 2010 Prepared for the Law Society by Oxera

Research report looking at the potential impact of ABS on geographical access -
Interviews with 15 stakeholders (existing providers and potential new entrants).
Reports findings of interviews showed that “ABS are likely to have a positive effect on the ability of more capital intensive, conglomerate (i.e. legal + non-legal), profit-driven firms to enter the legal services market. In addition many high-cost (principally small consumer facing) law firms are unlikely to be competitive on their current business model. Small firms are more vulnerable because legal advice can be provided via the Internet and telephone at lower cost, and these means of delivering legal advice are subject to greater economies of scale that traditional face-to-face provision. Small firms may find it difficult to raise capital.” Page 11
The interviews indicate that new entrants will offer low costs services, and utilise existing trusted brands, which will become a substitute for local firm names.
Interview participants suggested that “in order to remain viable, small solicitor firms will in future need to specialise away form basic legal services which can be provided remotely. For example specialising in clients who value face to face contact and a personal service (potentially elderly, disabled, and high-net-worth clients) and in legal matters which involve fewer process aspects and more bespoke advice (for example child custody or divorce). In this way smaller firms might differentiate themselves form the large ABS firms by finding a specialised part of the market that is not suitable for high volume, remote access legal advice.” Page 13

2010
Legal Services Policy Institute

Civil Legal Aid: Squaring the (vicious) circle

Some discussion

2010
Association of British Insurers

MARKETING COSTS FOR PERSONAL INJURY CLAIMS Evidence of market failure Report from Oxera Consulting Limited

Analysis of the PI market:
Reporting on a survey by the Law Society – “Regarding the funding of referral fees, the survey found that

2009
Legal Services Policy Institute

Quality, Values and Standards: the future legal landscape

Yes

2010
Bar Council

Discussion paper on current issues facing the Criminal Bar Geoffrey Vos QC- Chairman of the Bar Council Tim Dutton QC- Vice Chairman of the Bar Council Andy Hall QC- Chairman of the Criminal Bar Association

Barristers potential to compete on quality:
The Bar can only succeed if can demonstrate the high quality of its advocacy service. On this basis, competition from high quality HCAs is to be welcomed. The Bar should, therefore campaign to ensure that satisfactory quality controls are put in place to ensure that HCAs are providing that high quality service.
Page 1

2007
Bar Standards Board

Review of Pupillage – Report of the Working Group

Competition for barrister pupillages is intense (page 26).

2010
International Financial Services London

Legal Services 2009

Considering international legal services:
Competition for business in international financial markets is largely between London & US law firms, though European firms are becoming more active,
US law firms cover the same range of banking and capital market activities,
US firms win fewer but larger deal because of strong links with US investment banks, whilst London firms international coverage has enabled them to build relationships with these banks as their share of the European & Asian markets has grown. Page 7

2009
Legal Services Research Centre

Criminal Case Profiling Study: Final report 2001 Pascoe Pleasance Hannah Quirk

How criminal solicitors gain access to clients:
Nearly all of the solicitors interviewed reported that the majority of their clients were repeat clients. Several solicitors noted that they were now representing the second or third generation of certain families. Fee-earners reported that their firms obtained new clients through police and court duty schemes, or through recommendations. These recommendations might be personal or from other criminal justice practitioners (e.g. probation officers or the police).
A solicitor-advocate suggested that an unforeseen problem of having higher rights of audience was that as he was no longer seen at the police station and magistrates

2001
Bar Council

The Future of the Bar by Nicholas Green QC, June 2010

In C.J. Wouters, J.W. Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschapk, 2002, the European Court of Justice said that even if the rules of the legal profession did distort or restrict competition this would not be sufficient to render them prohibited. On the contrary the need to preserve and promote competition would need to be balanced against other legitimate objectives such as supervisory, ethical or other legitimate objectives of the profession. Page 64

2010
Fordham Law Review

Supply Chains & Porous Boundaries: The Disaggregation of Legal Services, Milton C Regan Jr & Palmer T Heenan

Law firms have not placed a priority on innovation. Examples of innovation for competitive advantage include development of a new defence. Law firms are more likely to innovate when they expect to be able to apply the innovation to a large number of clients. – Pages 2178/79
Law firms have no intellectual property protection for any innovations they develop – Page 2179
Partnership structure, particularly in larger firms, can discourage investment in innovation – Pages 2179/2180

2010
Business and Economic History

Deregulation and Professional boundaries: Evidence from the English Legal Profession James H. Love and Frank H. Stephen

Outlines various reforms to the conveyancing market, which had removed regulatory restrictions (page 796).

1997
Europe Economics

Report for Bar Council – A critique of the evidence used by the LSC for its BVT proposals

Report indicates that criminal legal aid work is “close to that of a competitive market” – page 23.

2009
AdviceUK

It’s the system, stupid! Radically rethinking advice

Reports suggests that LSC tendering leads to winners and losers (page 8)

2008
Baker Tilly

Climate Change: Forecasting the Impact of the Legal Services Act October 2010

Reports on a new law form MJ Hudson that is offering an
alternative to hourly billing by following the investment bank model of a monthly retainer and a percentage of any successful transaction (although

2010
Ministry of Justice

Scoping project on no win no fee arrangements in England & Wales

Discusses payment schemes for media cases (privacy etc), employment tribunals (page 6).

2009
Kings College London

The Work of the Family BarReport of the Week-At-A-Glance Survey 2008Debora Price PhD & Anne Laybourne MSc

FGF fees calculator showing how fees are compiled for family legal aid work undertaken by a barrister – variables include type of activity, function, category and level of advocate.
Pages xiv – xv

2008
Acritas

2010 Global Elite Analysis

Information on charging structures and expected changes

2010
Fordham Law Review

Supply Chains & Porous Boundaries: The Disaggregation of Legal Services, Milton C Regan Jr & Palmer T Heenan

Issues with hourly billing and efficiency. Long term pricing model based on fixed fee is seen a s key to efficiency – page 2155

2010
Harvard Law School

Overview of the Professional Services Industry and the Legal Profession

Looking at law firms in the US corporate clients are exerting more control over costs:
Roughly one-third of companies also are experimenting with alternative fee arrangements. IKON Office Solutions, for example, uses fixed-fee arrangements for all of its non-compete litigation. Such agreements provide valuable predictability for companies seeking to create budgets at the beginning of the year. Other corporations have experimented with more complex fee regimes in order to give firms an incentive to resolve matters quickly. Blended rates, in which the client and law firm share both the up-side and down-side of legal risk, are becoming increasingly common. Still other companies, most notably General Electric, have conducted online-auctions to find cost-effective firms. Page 6

2008
Oxford University

Why every economist should learn some auction theory

paper asks whether price transparency is always a good thing (page 13) – firms can see what their competitors are charging (page 14). Sealed bid actions are generally preferred (page 15) to avoid dangers of collusion.

2001
Department for Constitutional Affairs

The funding of personal injury litigation: comparisons over time and across jurisdictions Paul Fenn, University of Nottingham Alastair Gray, University of Oxford Neil Rickman, University of Surrey Yasmeen Mansur, University of Nottingham

Reports a study of personal injury cases involving different sources of plaintiff finance (in particular legal aid, private finance, legal expenses insurance and trade union finance). This allowed the researchers to consider the impact of the source of finance on the handling of the case. They found that:

Legal aid appears to focus on the severity of an injury, whereas other sources of finance such as trade unions are more likely to take account of liability. Privately financed cases were likely to be associated with high levels of defendant (perceived) liability.

Legally aided cases consistently are associated with longer delay to case closure than alternative sources of third party funding (legal expenses insurance and trade unions) or private funding, even having controlled for case severity. This reflects different incentives facing clients and lawyers to settle. From the NHS Trust dataset, we found that:

2006
University of Oxford

University of Oxford questionnaire on funding, costs and proportionality

Barrister

2009
University of Bristiol - Professor Paul A Grout

The Clementi Report: Potential Risks of External Ownership and Regulatory Responses – A Report to the Department of Constitutional Affairs

Lawyers undertake training at the start of their career to obtain relevant qualifications, they then develop these skills over time, develop reputations, valuable contacts, etc. If the lawyer acts as a sole trader then these skills will be reflected in their fees with the better lawyers being in a position to command higher fees. Economists tend to refer to these personal skills as human capital and think of the fees as the return on that capital – Page 1

we have good evidence in other professions that behaviour is

2005
Bar Council

The Public Access Scheme – Guidance for Lay Clients

Overview of how barristers set their fees – page 10

2010
Society of Trust & Estate Practitioners

Trusted advisor: THE FUTURE A report on the future of UK trust and estate practice by the Society of Trust and Estate Practitioners

Highlights increasing resistance from clients to pay by the hour, wanting fixed fees. – page 10

2010
Ministry of Justice

The extent and value of pro bono work provided by legal executives

A quarter of legal execs surveyed said they had carried out pro bono (i.e. free) legal work – page i.

2008
Department for Business Innovation & Skills

Zero

Services delivered by Citizens advice, substantiated by research:
Around 3 million people are helped each year, covering over 5 million problems. The satisfaction rate of clients is very high.

2006
Kings College London

The Work of the Family BarReport of the Week-At-A-Glance Survey 2008Debora Price PhD & Anne Laybourne MSc

Argument for highly graduated fees – costs are driven by Characteristics of Client, Characteristics of Case, Client’s Role & Related Preparation, Seriousness of Consequences of Failure in Court – Pages 71-96

2008
Bar Standards Board

Perceptions of barristers Research study conducted for the Bar Standards Board by IPSOS MORI November 2007

Suggestion that higher rates of pay is linked to better service -
when asked what would improve the service that they provide, 19% of barristers say better pay, 9%, more specifically, say better pay for legal aid, and 9% say better listing by courts – page 21
See Figure 12.

2007
Civil Justice Council

Improving access to justice: contingency fees – a study of their operation in the United States of America – Richard Moorhead, Judge Peter Hurst, Robert Musgrove.

In the US, contingency fees are typically around 33% (page 8). There’s no regulatory cap on them.

2008
AdviceUK

It’s the system, stupid! Radically rethinking advice

Summary of fixed fee payment reforms (page 20) – and some of the challenges this new system posed.

2008
Pinsent Masons

Introducing Certainty The Pinsent Masons approach to successful tribunal management

Breakdown of fee calculation for clients who are employers where a case goes to tribunal – fixed price risk analysis – pages 2, 6 & 7.

2010
Routh Clarke Solicitors

Guideline rates

Brief history of Guideline Hourly rates used as a starting point for assessment of solicitors costs and how they have been set

Historically the hourly rate covered the cost of the solicitor (33.3%), the office overheads (33.3%) and a profit element (33.3%). More recently it has become much more a question of what the market will pay, or sometimes what the market will bear.

2010
HMCS

Guideline Hourly Rates for 2010

List of guideline hourly rates 1999-2010 split by Bands of Location, type of court, grades of fee earner, and length of hearing for counsel.

2010
Europe Economics

Report for Bar Council – A critique of the evidence used by the LSC for its BVT proposals

The LSC pays a range of fees for criminal work (pages 4-6).

2009
Criminal Bar Association

Legal aid – funding and access

Mention of best value tendering etc – which the bar (page 2).

2010
Judiciary

LORD NEUBERGER OF ABBOTSBURY, MR 25TH ANNUAL BAR CONFERENCE THE TYRANNY OF THE CONSUMER OR THE RULE OF LAW 6 NOVEMBER 2010

Equates low cost with poor value in terms of the overriding public interest – Page 5.

2010
Institute of Legal Executives

ILEX Members are Fee Earners

Once they have completed their first stage of academic training (the ILEX Level 3 Professional Diploma in Law and Practice course), employers (on a court assessment of costs) can charge Trainee Legal Executives fee-earning time up to

2010
Centre for Socio-Legal Studies / University of Lincoln

International conference on litigation funding

Fees for various litigation funding models in different countries summarised (page 27 onwards)

2010
The Law Society

Starting a business

Fees will vary by individual circumstances, experience and knowledge of your solicitor, the type of advice.

2010
Ministry of Justice

Study of legal advice at local level

Report covers fixed fees for legal aid work (page 7). Report explains how this fee level was first set (page 8). Further explanation of fixed fees for legal aid (page 40 onwards).

2009
Association of British Insurers

MARKETING COSTS FOR PERSONAL INJURY CLAIMS Evidence of market failure Report from Oxera Consulting Limited

Report into PI market:
defendants

2009
Marc Galanter & Simon Roberts

From kinship to magic circle: the London commercial law firm in the twentieth century

In the 1990s, for city law firms an entrench culture of long term client loyalty and limited fee negotiation came to an end, as corporate client sought to reduce costs. Fees set against an hourly rate or by reference to the value of a transaction gave way to the price for the job, via competitive tendering. Page 19

2008
European Commission for the Efficiency of Justice (CEPEJ)

European judicial systemsEdition 2006 (data 2004):Efficiency and quality of justice

Table 60 How lawyers fees are set by country – page 131

2006
Winand Emons

Credence Goods & Fraudulent Experts

Discussion of incentives for experts in delivering credence goods – where consumers are never sure how much of the good they need. Experts incentives are determined by the interplay of prices capacity and size of their client base. Pages 106-109

1998
Judiciary

Advisory Committee on civil costs – Guideline Hourly Rates

For Personal Injury (PI) and Clinical Negligence (CN) cases, the hourly rates charged by defendants

2010
FindLaw

Client Driven Innovation in Legal Services – The State of the Legal Profession, Part 1 By Andrew Zangrilli of FindLaw

Reports on large corporates demands for value billing:
Value billing can be defined in different ways in the legal context. The basic idea is that a firm prices its services based on an understanding of the client’s goals and perceived value of reaching those goals. The usual result is a predefined fee for a specified legal service.
value billing ensures that legal work is performed and staffed efficiently. A firm can benefit from value billing if it can complete work under budget. There are, of course, risks and consequences for overworking a matter. As a result, firms are encouraged to operate with both eyes on operational efficiency.
The prevailing hourly billing method, under which law firms charge for “actual” time expended on a matter, has proved too unpredictable for corporate budgetary frameworks.

Value billing ensures that legal work is performed and staffed efficiently. A firm can benefit from value billing if it can complete work under budget. There are, of course, risks and consequences for overworking a matter. As a result, firms are encouraged to operate with both eyes on operational efficiency.

2008
Cardiff University

Damage based contingency fees in employment cases

In relation to survey, percentage rates for conditional fees discussed (page 42). Notional hourly rates for contingency fees discussed (page 47). Report indicates that DBCFs are less profitably than hourly rate work (page 51).

2008
Office of Fair Trading

Competition in professions

Estimations of costs of regulatory regime as percentage increase in prices (page 27/53).

2001
Ministry of Justice

Summary: training and regulating providers of publicly funded legal advice – a case study of civil provision

Highly trained advisors can raise the cost of (advice) provision and reduce access (page 1). Economists justify training and regulation as ways of reducing problem of information asymmetry (page 4). Debate over whether costs are proportionate to benefit obtained (page 7). Points out that the for-profit sector is subject to higher training obligations that the NFP sector (page 7). Discussion about the admin costs of compliance with quality standards (page 25 – 26).

2009
The Law Society

A Firm Decision: The Recruitment of Trainee Solicitors

“Views regarding the overall balance of costs and benefits of trainees differed. The predominant view across firms of all sizes was that they were a net cost during the training period and that they were not profitable until after qualification.” (page 2).

2002
The Law Society

Submission to OFT in connection with its market study into home buying and selling

In relation to conveyancing: “In particular, solicitors now undertake additional compliance work in relation to HIP

2009
Tilburg University

Legal aid, accessible courts or legal information? Three access to justice strategies compared

Argues that courts aren’t very efficient – wants procedures simplified to improve this (not just hiring more judges) – page 12.

2010
The Law Society

Risk Management GuideApril 2009

Insurance premiums determined by – claims record, areas of law practiced, size of the firm, number and location of offices, supervision levels, fee income, excess, commitment to best practice and risk management, SRA reports, and professional disciplinary record – pages 1&2

2009
Bar Council

Entry to the bar working party – final report

Costs of entry to barristers profession summarised (page 16). BVC cost

2007
Solicitors Journal

Citizen power

It costs tens of millions to administer the legal aid budget with 5,000 providers (page 53).

2010
European Commission for the Efficiency of Justice (CEPEJ)

European Judicial Systems 2002

Court costs per head of population quite low in Auk, compared with other EU countries (page 23).

2002
Advice UK

Smart advice – intelligent thinking about advice services

Legal aid “bureaucracy” (page 1) – explained on page 2.

2010
Solicitors Journal

New foundations: coordinated solutions towards a new model

Court fees went up from

2010
Europe Economics

Report for Bar Council – A critique of the evidence used by the LSC for its BVT proposals

Legal aid admin costs represented 6% of budget in 2007/2008 (page 25).

2009
Legal Services Policy Institute

External ownership and investment – issues and challenges

covers that will writing is not a reserved activity, but solicitors aren’t allowed to run it as such as a separate activity – they must comply with regulations that their competitors (page 19).

2008
Legal Services Board

Diversity in the legal profession: a qualitative study of barriers and individual choices

Discussion on the costs to qualification – especially its impact on would-be BME lawyers (page 65 – 66).

2010
Ministry of Justice

Legal Services Bill – Full Regulatory Impact Assessment

Estimates for regulatory costs (page 26 – 27). More costs – complaints (page 48). More on costs of LSB / OLC (page 66 – 67).

2007
Legal Services Commission

Quality assurance for advocates: Summary report of the QAA Equality and Diversity data survey and focus groups

Survey respondents wary of the cost of obtaining QAA scheme for advocates. (page 27).

2009
Association of British Insurers

ABI’s response to the Legal Services Consumer Panel Investigation into referral arrangements

Referral marketing costs for PI claims estimated to be 23-40% of base legal costs (page 4), compared with 18% for conveyancing.

2010
The Law Society

2009 Regulatory performance survey findings

Survey results: “Firms were mainly positive (over two-thirds agreeing) about the benefit to the profession of an effective SRA and the proportionality of visits in protecting the profession reputation, but were rather more equivocal about whether or not the SRA operates fairly in its contacts with firms (50% agreement). Over three-quarters of firms 78%) thought that the regulatory system places too great a burden on law firms.” (page 4). Then, on page 5- The costs of compliance were excessive for 37% of firms and reasonable for 26%.

2009
University of Bristiol - Professor Paul A Grout

The Clementi Report: Potential Risks of External Ownership and Regulatory Responses – A Report to the Department of Constitutional Affairs

regulation should be focused on the underlying incentives and not the business structure. It makes more sense for the restrictions on the composition of management to be determined by the size of the LDP and the concentration of ownership rather than the business structure itself. Small firms could quite sensibly face different restrictions on management composition to large firms, with the former being grouped with partnerships. A decision to be more relaxed about management composition of large firms is also consistent with the analysis of misconduct according to firm size. The paper shows that misconduct and poor quality is heavily focused on small businesses.
Page 3

The higher the debt/equity ratio in a firm then the more attractive risky strategies are to the company, hence large LDPs or MDPs are far more likely to be at risk of slipping from the

2005
Legal Services Policy Institute

After Clementi – The impending legal landscape

The LSA will give rise to competition between regulators with practitioners assessing the relative merits burdens and cost of each regulator and decide which regulatory home is most suitable for thier practice. Page 2

2006
Community Legal Service Support

Employing a solicitor for the first time

If advice centres employ solicitors, then they have to take on compliance with lawyers code – suggests ring fencing solicitor as a separate entity to reduce regulatory costs (page 9).

2003
The Law Society

More civil justice? The impact of the Woolf reforms on pre-action behaviour

Regulatory changes (Woolf) require active case management systems (page xix).Not all costs are regulatory – some audit costs are imposed by third parties such as expense insurers (page 56). Entire report deals with litigation process – so costs of complying with Woolf is pervasive throughout the document.

2002
Co-Operative Society

Co-operative legal services – consultation response Jonathan Gulliford Director Co-operative Legal Services

The role of regulation is to support the profession in the provision of this service

2009
Legal Services Policy Institute

Training for the future: the professional preparation of lawyers for the commercial and regulatory environment after the Legal Services Act 2007

Report argues that many lawyers do not do reserved work, so therefore do not need to be trained to the level to perform such work (page 5) before being classed as a lawyer.

2009
Moulton Hall Market Research

Referral arrangement and legal services research report

Typical costs to firm who accept referral fees (page 28).

2007
Department for Constitutional Affairs

Quality in the legal services industry – a scoping study

Report suggests that the cost of quality mark accreditation may make it not worth bothering with for some firms (page 22).

2005
Civil Justice Council

Improving access to justice: contingency fees – a study of their operation in the United States of America – Richard Moorhead, Judge Peter Hurst, Robert Musgrove.

Wants contingency fees introduces to remove the need for summary and ex post facto costs assessments etc (page 7).

2008
Ministry of Justice

Legal Services Bill – Supplement to Regulatory Impact Assessment

Report summarises the costs of running the LSB and complaint system

2007
University of Manchester - Institute for Law, Economy and Global Governance

Self-regulation

Short (16 page) conceptual report about self regulation – on the one hand, self-regulation means that monitoring and enforcement costs are reduced (because regulator is specialist). On to the other hand, regulators can prevent liberalisation of working practices.

1999
Legal Services Policy Institute

Towards a new regulatory structure for corporate and commercial legal services

Sole practitioners tend to cause problems, all private practice lawyers must resolve them via compensation fund (page 2).

2009
London School of Economics

Constitutional continuity: Jack Straw speech at the London School of Economics

Ministry of Justice cost

2009
The Law Society

An investigation into the membership of the Children Panel

Some people felt the accreditation costs to be on the children panel was too high (page12). Re-accreditation after 5 years (page 71).

2005
The Law Society

Review of the regulation of corporate legal work

New standard of governance, audit, risk management etc expected under LSA regime (page ii). Details of regulations that annoy corporate law firms (page 30 onwards) – client care, conflicts, lack of understanding of firms IT systems etc.

2009
Penn State University

European Commission Project Regarding Competition in Professional Services

Study covers the extent to which UK legal profession is regulated compared with other EU states – we’re quite low on the index of regulation (page 34 – 35).

2009
Advice Services Alliance

Regulating alternative business structures

NFP organisations may be subject to multiple regulatory oversights – FSA, OISC etc (page 2).

2009
Legal Services Board

Diversity in the legal profession: a qualitative study of barriers and individual choices

Discusses firms’ tendencies to use paralegals because they are more cost-effective than qualified lawyers (page 35). Further discussion on paralegal options (page 59).

2010
Legal Services Commission

Quality assurance for advocates: Summary report of the QAA Equality and Diversity data survey and focus groups

Discussion on likely income by various classifications of advocate (page 6 – 7).

2009
Department for Constitutional Affairs

Estimating the size and nature of the civil legal advice sector in England and Wales

Drivers of the cost of advice service provision (wider than just solictors):
The major drivers of the costs of advice service provision, in order of levels of influence (highest first), were identified as:

2006
Solicitors Regulation Authority

Review of Trainee Minimum Salary – Economic and Equality Impact Assessment

EIA report produced when SRA considering removing the Minimum Trainee Salary requirement from the Handbook

2010
Legal Services Policy Institute

Training for the future: the professional preparation of lawyers for the commercial and regulatory environment after the Legal Services Act 2007

For commoditised work, case handling may be done by people with school leaving qualifications only (page 6). Summarises other professions – licensed coveyancers etc (page 6 – 7).

2009
Community Legal Service Support

Employing a solicitor for the first time

Advice agency wages (in 2003) tended to be between

2003
Legal Services Research Centre

Legal aid in Australia: the need for fundamental national reform – David Neal

In Australian survey of criminal legal aid barristers, the net annual salary was round AUS$36,383 (page 3) – way lower than other lawyers.

2010
Victorian Bar

Review of fees paid by Victoria Legal Aid to barristers in criminal cases – PricewaterhouseCoopers

Australian study comparing funding for criminal legal aid barristers, public prosecutors, law firms and in-house counsel (page 3).

2008
BMG Research / Skills for Justice

Skills in the justice sector: a survey of third sector employers 2009

In this sector, there are a large number of volunteers (page 2). Survey shows the ratios of paid to unpaid staff among survey participants (page 16).

2009
The Law Society

Ethnicity and earnings in private practice

Average earnings per solicitor – Page 6

2009
Advice Services Alliance

Employing solicitors in Citizens Advice Bureaux

Indicates that salaries currently being offered to solicitors employed in the public sector and not for profit sectors tend to be in the region of

2008
The Law Society

Trainee solictors and remuneration

Breakdown of trainee solicitors pay by size of firm and diversity

2006
Legal Services Board

Legal process outsourcing: transforming the legal landscape – Orijit Das

cost of employing LPO staff in India – Euro 20K – in the UK – Euro 200K (page 13). Charge out rates are also much lower (page 15).

2010
Department for Constitutional Affairs

Legal Disciplinary Practices: A Discussion of the Clementi Proposals. Jordi Blanes I Vidal Ian Jewitt Clare Leaver

Different incentives on hiring staff for ABS vs. traditional partnerships:
partnerships and externally owned law firms face different incentives when it comes to certifying the quality of their staff. Partnerships are better placed to commit to quality than firms with external ownership. Externally owned firms will seek to maximise total profits, while partnerships will typically seek to maximise average profits per partner. These objectives result in different hiring policies. The marginal employee hired by a profit maximising firm will be the one whose productivity equals the cost of hiring, i.e. the

2005
The Law Society

Earnings and work of private practice solicitors in 2007

Reporting on a representative sample of practitioners by diversity, firm size (with 2-10 partners slightly over represented) grade and age. (Pages 8-10).

The median earnings for all full-time private practitioners taken together were

2008
Institute of Legal Executives

Why become a Legal Executive Lawyer – Facts & Figures

Reports starting salaries for Legal Executives are usually up to

2010
Legal Services Research Centre

Findings from the Legal Advice Sector Workforce Surveys

Table shows breakdown of publically funded legal advice by type of employ (shows percentage of volunteer workforce) – page 11. Income costs for full-time workers on page 15.

2007
Institute of Legal Executives

What legal Executives do

Latest salary surveys found jobs for up to

2010
Nef consulting

The socio-economic value of law centres

Law Centre advice estimated to cost

2008
Legal Services Board

The future of legal services: Emerging thinking

Lucy Scott-Moncrieff – Scott-Moncrieff Harbour Sinclair – Reports that:
Kay part of competitive advantage is recruiting and retaining good people. That is achieved through paying fee earners 70% of the fees they generate and they are self-employed. Pages 48-51

2010
Bar Council

Entry to the bar working party – final report

Minimum pupillage award at chambers is

2007
Bar Council

THE ECONOMIC CASE FOR THE BAR A COMPARISON OF THE COSTS OF BARRISTERS AND SOLICITORS

Overhead comparison as a %age of income between barristers and solicitors in the 1990s Page 6-7

1999
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 46

2006
Bar Council

Access to justice: barristers working in the public interest

Overheads at chambers around 35% of turnover (page 8).

2009
Bar Standards Board

Review of Pupillage – Report of the Working Group

Refers to minimum wage rates for solicitors (page 93) and what those rates are.

2010
European Economics

Crown Prosecution Service: the choice between in-house and self-employed advocates – a critique of the CPS’ analysis

Report summarises overheads costs at the CPS (pages 11 -12).

2009
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 46

2003
Legal Services Research Centre

Legal advice sector workforce: Analysis of survey findings – Marisol Smith and Tania Tam

Survey compares income for the private practice and not for profit sector (page 28)

2006
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 64

2001
The Law Society

Corporate counsel

Survey of corporate counsel in England & Wales looking at numbers, types of organisation worked for, sectors, size of departments, salaries and roles.

2008
Audit Commission

Sheffield City Council – legal servicesBest value inspection service

Sheffield council’s legal team cost

2001
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 42

2009
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 42

2008
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 42

2007
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 43

2002
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 46

2005
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 46

2004
The Law Society

Trends in the solicitors

Trainees starting salaries by region & Gender – page 70

2000
Acritas

2010 Global Elite Analysis

Some information on the cost of legal advice to corporate

2010
Legal Advice Sector Partnership Steering Group

Advice forward: developing skills for the future

Staff costs across various entity types compared (page 27).

2006
European Commission for the Efficiency of Justice (CEPEJ)

European Judicial Systems 2002

Staff costs of public prosecutors (page 62).

2002
Skills for Justice

Legal Services in the UK: an overview

Summarising other research, briefing on legal services in the UK states that:
2001-2008 14% increase in number of people employed in legal services sector
20% of the workforce was self-employed, and the proportion of part time workers was similar (19%)
Majority of work force female (60%), and stongly london centred compared to other businesses (30% compared to 14%)
Average gross pay for lawyers, judges, and coroners was

2010
The Law Society

Private Practice Solicitors salaries

Summary of a survey. Earnings of private practice by grade and size of firm – Page 2
Earnings of private practice by grade and location – Pages 3 & 4
Earnings of salaried partners by PQE – Page 5
Earnings of assistant and associate solicitors by PQE – Page 5
Earnings by grade and tenure with current firm – Page 6
Earnings by category and degree of specialism – Page 7
Earnings by grade & legal aid – Page 9

2008
The Law Society

Private Practice Solicitors salaries

Summary of a survey. Earnings of private practice by grade and size of firm – Page 6
Earnings of private practice by grade and location – Pages 7 & 8
Earnings of salaried partners by PQE – Page 9
Earnings of assistant and associate solicitors by PQE – Page 10
Earnings by grade and tenure with current firm – Page 10
Earnings by category and degree of specialism – Page 11

2005
The Law Society

Private Practice Solicitors salaries

Summary of a survey. Earnings of private practice by grade and size of firm – Page 6
Earnings of private practice by grade and location – Pages 7 & 8
Earnings of salaried partners by PQE – Page 9
Earnings of assistant and associate solicitors by PQE – Page 10
Earnings by grade and tenure with current firm – Page 10
Earnings by category and degree of specialism – Page 10
Earnings by grade & legal aid – Page 11

2007
Law Centres Federation

Fundamental Legal Aid Review

Summary of minimum staff costs for law centre (page 23 – 26).

2004
Frontier Economics

A market analysis of legal aided services provided by solicitors December 2003

Develops a mechanical estimation of supply and discusses the different characteristics of firms at different stages along the cost curve, looking at Crime, Family & Other Civil – Pages 50 to 55

Table 5 shows the private work undertaken by firms holding a contract to undertake publicly funded Crime work. The obvious substitution possibility is from conveyancing, probate, wills and trusts, and personal injury; it accounts for the bulk of private client work undertaken and has a price that is closer to that which can be achieved for publicly funded Crime work (which was around

2003
Kings College London

The Work of the Family BarReport of the Week-At-A-Glance Survey 2008Debora Price PhD & Anne Laybourne MSc

Family Barristers:
Median effective hourly gross rates of pay for barristers are about

2008
Solicitors Journal

No substitute

Legal aid pays

2010
Legal Services Board

The future of legal services: Emerging thinking

Pascoe Pleasance – LSRC & UCL – Reports that:
the services offered by solicitors may be a simple reflection of the profitability of different types of work

2010
Solicitors Journal

Worth fighting for

Anecdotal reports of practitioners giving up on legal aid work post-BVT (page 12).

2010
Centre for Crime and Justice Studies

CDS Direct: Flying in the face of the evidence

Costs of closed case by CPS was

2008
American Bar Association

eLawyering for a Competitive Advantage

Productizing a legal service means systemizing the production of the service, rather than custom crafting the service every time you produce it. Often this means integrating a digital application with the production of the legal service. Unlike the legal form companies discussed above, a law firm still has to provide a human service, but the amount of this human service can be greatly reduced by using online software applications. By shifting a portion of the legal work to the client, attorney time is released for more complex matters, or other pursuits. In many industries, the customer as a co producer of a service or product has resulted in great leaps of productivity and efficiency. When a client inputs their data into a web form, which results in the instant creation of a first draft document, ready for attorney review, there is a great saving in attorney time and effort. page 9
Types of applications that do this include On-line calculators, client appointment scheduling, client data intake, interactive legal advisers, online case management, online dispute settlement. Pages 10-11

2008
International Financial Services London

Legal Services 2009

Profits of top 100 law firms – page 2

Breakdown of exports of legal services – pages 11-12

2009
International Financial Services London

Legal Services 2009 Data

Profits of top 100 law firms – Table 3 & Chart 3

Exports of legal services – page 11

2009
Lord Justice Jackson

Review of Civil Litigation Costs: Final Report Lord Justice Jackson

Review looking at costs of civil justice states:
Range of respondents asserting that other work is used to cross subsidise legal aid becuse of low rates of pay – Pages 67-69

2009
Cardiff University

Damage based contingency fees in employment cases

Suggestion that damage-based contingency work is only profitable on volume cases, where economies of scale can cut costs (page 53).

2008
Bar Council

The Future of the Bar by Nicholas Green QC, June 2010

The ratio of overheads to total fee income in specialist commercial and civil sets was circa 8-14%. In more middle of the road mixed common law sets the ratio was circa 15-22%. In family sets the ratio was 18-25%. In criminal sets the ratio was circa 18-30%. The figures exclude individual barristers

2010
Kings College London

The Work of the Family BarReport of the Week-At-A-Glance Survey 2008Debora Price PhD & Anne Laybourne MSc

Effective hourly rates of pay:
How case is funded (private client, local authority, and legal aid)
Region
Years of call
Diversity
Sub specialism’s
Complexity
Court
- Pages 54-56

2008
European University Institute

The market failure justification for the regulation of professional service markets and the characteristics of consumers

Law Society survey: 37% of fee income comes from private individuals and 42% from private / public sector organisations (page 7). Sole practitioners tend to act for private clients. Irish report (page 7) suggested that 33% of fee income comes from business clients.

2004
Solicitors Journal

Declining popularity

Legal aid fees in MPAs –

2010
The Law Society

Key Facts on the solicitors profession

Estimated gross fees for firms in private practice and contribution to overseas earnings

2008
The Law Society

Key Facts on the solicitors profession

Estimated gross fees for firms in private practice and contribution to overseas earnings

2009
Office of Fair Trading

Competition in professions

Fees of firms by size – 1990 – 1998 (page 46/71).

2001
Legal Services Research Centre

Legal expenses insurance: preconditions, pitfalls and challenges – Matthias Killian

German data on profitability and income of legal expense insurance providers (page 5).

2010
The Law Society

Trends in the solicitors

Gross fees trends 1993-1999, Overseas earnings 1993-1999, proportion of gross fees from legal aid 1989-2000, Gross fees per fee earner type, per solicitor, by size of firm, and per region. PPE.
Pages 39- 51

2000
Kings College London

The Work of the Family BarReport of the Week-At-A-Glance Survey 2008Debora Price PhD & Anne Laybourne MSc

A quarter of family barristers have taxable profits lower than

2008
International Financial Services London

Legal Services 2009 Data

Range of financial data – Charts 4-6 – including global legal services.

Breakdown of top 50 global law firms. Table 7

2009
The Law Society

Key Facts on the solicitors profession

Estimated gross fees for firms in private practice and contribution to overseas earnings

2007
Bar Council

Report of the Analysis of Demographic Data collected from the Practising Bar in November 2007Prepared for the Bar Council by Dr. Deborah Price and Dr. Anne Laybourne of the Kings Institute for the study of Public Policy 2010.

Report focuses on diversity findings of a survey that achieved a 35% response rate from the self-employed bar. Provides detailed tables of findings. Overheads and expenses accounted for between 11% and 30% of barristers turnover. Median billings data

2010
Journal of economic geography

Financialization and the reorganization of large law firms: practices, vectors and implications

Top 10 UK firm turnover and profitability (2008) shown on page 39.

2009
University of Leeds

Financialization by proxy: the case of large City law firms – Daniel Muzio and James Faulconbridge

Top ten UK firms – 2003 to 2006 (page 10) – turnover up by 53%

2009
BMG Research / Skills for Justice

Skills in the justice sector: a survey of third sector employers 2009

Turnover of survey participation organisations (page 17).

2009
International Financial Services London

Legal Services 2011

Turnover table for largest law firms – page 6.

2011
The Law Society

Trends in the solicitors

Gross fees trends 1994-2000, Overseas earnings 1994-2000, proportion of gross fees from legal aid 1989-2000, Gross fees per fee earner type, per solicitor, by size of firm, and per region. PPE.
Pages 37 – 46

2001
International Financial Services London

Legal Services 2009

Legal services generated

2009
Baker Tilly

Climate Change: Forecasting the Impact of the Legal Services Act October 2010

Murgitroyd & Co – a European patent and trade mark attorney practice that floated on AIM in 2001 with the goal of pan-European expansion (Execution Noble was the
Nomad). It has achieved this and turnover has gone from a

2010
The Law Society

Key Facts on the solicitors profession

Estimated gross fees for firms in private practice

2005
IRN

Legal Brief Part 2 – A Quiet Revolution

Predicts 2.3% growth in 2010 and 2.9% growth in 2011 in legal sector.

2010
The Law Society

Key Facts on the solicitors profession

Estimated gross fees for firms in private practice

2006
Suffolk University Law Review

When law firms fail John P. Heinz

In the very large US firms, profits per partner can hit US$1 million (page 78).

2010
JP Morgan Asset Management

Professional Connections: creating opportunities between IFAs and other advisory professionals

55 solicitor fi rms from across the UK in December
2009/January 2010 via marketing analysts the Orchestra Group. Sixty-four percent of respondent firms declared total annual gross annual fee income of more than

2010
International Financial Services London

Legal Services – City Business Series

Legal services make an important contribution to the UK economy. They
generated

2005
Harvard Law School

Overview of the Professional Services Industry and the Legal Profession

Looking at law firms in the US, high levels of earnings are associated with larger law firms – page 4

2008
The Law Society

Ethnicity and earnings in private practice

Determinants of solicitor earnings – page 10-11

2009
Legal Services Research Centre

Legal expenses insurance: preconditions, pitfalls and challenges – Matthias Killian

German data on profitability and income of legal expense insurance providers (page 5).

2010
University of Oxford

What is happening in the legal services market? Law Society meeting on how to respond to outsourcing 7th September 2010 Professor Mari Sako

Global legal services market $458bn revenue employing 2.4m people in 2007. Europe has a 27% share of revenue. – Slide 4
ONS statistics show a 2.5bn export surplus in UK trade in legal services. – Slide 6

2010
Marc Galanter & Simon Roberts

From kinship to magic circle: the London commercial law firm in the twentieth century

In 2000, Magic Circle firms were the top five in terms of income and profit per equity partner – average profits were

2008
The Law Society

Trends in the solicitors

In summary:

2001
International Financial Services London

Legal Services 2009

Range of financial data – pages 4-6 – including how top 50 law firms have grown profits over the last 10 years

2009
The Law Society

Earnings and work of private practice solicitors in 2007

Reporting on a representative sample of practitioners by diversity, firm size (with 2-10 partners slightly over represented) grade and age. (Pages 8-10).

On average, private practitioners on full-time contracts worked a median average of 45 hours a week and typically billed for 1,440 a year (27.6 hours a week, median). Those on part-time contracts worked a median average of 26 hours a week and typically billed for 871 (16.75 hours a week). On average, therefore, part-time workers billed for 64% of their working hours compared to 61% for full-time workers.
Page 15

2008
Price Waterhouse Coopers

Legal aid funding – current challenges and the opportunities of cooperative federalism

Austrailian study – typical salaries across legal aid, public prosecutor, law firm, in-house (page 41).

2009
Price Waterhouse Coopers

The law firms survey 2008

Reports on 2008 as a year of record results with average fees per partner in the top 10 firms reaching almost

2008
Office of Fair Trading

Home buying and selling – A Market Study February 2010

Based on an average cost of conveyancing to a buyer of

2010
Bar Council

The Future of the Bar by Nicholas Green QC, June 2010

Makes distinction between Private & Publicly funded Bar. Privately funded Bar seeing an increase in work – page 11

Based on present rates of pay a typical criminal barrister of 4-5 years

2010
National Audit Office

Solicitor Survey for Criminal Legal Aid Growth For Knowledge

Reports on results of telephone survey of 21% of criminal legal aid firms:

Sample profile – page 3

2009
Kings College London

The Work of the Family BarReport of the Week-At-A-Glance Survey 2008Debora Price PhD & Anne Laybourne MSc

Breakdown of family barristers turnover over the past three years:

On average, barristers who undertake any family work make 70% profit on their turnover, with a 95% confidence interval around this estimate of 68.91% to 70.27% (we can be 95% confident that barristers

2008