Organisation Description Year
Fordham Law Review

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

Highlights decision of a large corporation to outsource most of its legal work – p 2138
Sets out concept of service ‘specificity’ – ‘By locating assets on a spectrum between low and high specificity firms can outsource using long-term, near-term, and spot contracting to increase the benefits they can obtain from outsourcing’. If Human capital assets are highly specific to the process and if the procedures to produce the service are very specific then they are unlikely to outsource. Another consideration is the risk of exploitation by the outsource organisation- p2146
List of activities undertaken by large LPO organisations – pages 2150/51
Move to a disaggregated supply chain requires both in depth knowledge of processes and ability to have oversight of these processes – page 2151

2010
Legal Services Board

The future of legal services: Emerging thinking

Professor Mari Sako – Said Business School, University of Oxford – reports that:
Global corporations currently have a choice of four possible off shoring strategies. A company can set up a captive offshore operation, as GE Plastics has done in India. It can engage a law firm, which in turn sets up a captive offshore operation, as Clifford Chance has done in India. Or it can use a law firm that sources from an independent offshore legal process outsourcing (LPO) provider. Finally, a corporate client can bypass a law firm altogether, and outsource and offshore using a legal services firm, as Rio Tinto has done with CPA Global.
LPO competitive strategies could include:
competing in scale and process, compete by climbing up the value chain, compete in broadening the boundaries of the industry. Each approach has different consequences for law firms. Pages 21-22

Orijit Das, European General Counsel, Genpact – Reports that
As a result of the recession LPO much more widely used. LPO means the practice of a law firm or multi-national corporation obtaining legal support services from either its own captive law department or an external law firm or legal support services company. Page 23
Typical LPO activities are: Creating and maintaining the Intellectual Property portfolio, Patent search and drafting of applications, Legal and market research and opinion pre-work, Document review and analysis, Contracting drafting, review and negotiations (both buy and sell side), Responding to RFPS, which are time intensive and repetitive, Market research and analysis, Litigation document review

2010
Legal Services Board

Legal process outsourcing: transforming the legal landscape – Orijit Das

Summarises some firm who had already undertaken LPO, or are considering it (page 12). More participants – legal and none legal organisations (page 16 and 18)

2010
Price Waterhouse Coopers

The law firms survey 2009

Summary of profit per equity partner for the top 100 firms. Highlights reasons for relatively weak performance of the top 11-25 group of firms. Covers chargeable hours, %age of fees generated from overseas work, and use of outsourcing.

2009
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

Survey of 284 STEP members from across the UK found showed:
– a slim majority thought ABSs will create more awareness and hence more custom for private client practitioners across the price spectrum.
- strongly felt that ABSs will revolutionise the way services are delivered and that a collision of differing cultures
and regulatory regimes will provide challenges.
- the market will polarise between those competing
on price and those offering bespoke services and that clients will be more ready than they have been historically
to move from one service provider to another.
- fewer TEPs would offer will drafting services as a loss-leader.
- Demand for the multi-disciplinary approach will result
in the increased use of outsourcing by firms and that those adopting the multi-disciplinary approach will see increases in efficiency as a result.
- It was agreed that services in the middle end of the market will be dominated by a commoditised
approach, but members were unsure as to whether increasing commoditisation would lead to growth in the private client market as a whole.
- members agreed that the industry was moving towards the

2010
Byfield Consultancy

Big Bang Report: Opportunities and threats in the new legal services market Jon Robbins

Underwoods prediction that low value high volume services will be outsourced, causing a split market where routine work such as conveyancing, legal aid, and road traffic work would move abroad but niche firms in the UK doing advocacy and specialist work. page 18

2010
Legal Services Policy Institute

IF ABSs ARE THE ANSWER, WHAT

covers LPOs in passing, saying some now have turnovers of “billions” (page 4)

2001
CPA Global

Building value though legal process outsourcing

CPA Global brochure it supplies both Fortune 100 companies and leading law firms (page 2)

2009
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

Discusses what is driving demand for LPO – including perceptions of high legal fees, value chain disaggregation. Also covers LPOs competing on scale, moving up the value chain, and bundling of services.

2010
Northwestern Journal of International Law and Business

The legal world is flat: globalization and its effect on lawyers practicing in non-global law firms

Estimates on future offshoring usage of legal services market (page 4).

2008
Legal Services Board

Possible futures for international law firms

Graph provides figures on LPO, but it is uncertain which type of entity they relate to (page 5).

2010
Solicitors Regulation Authority

SRA Summary of Performance Measures and Statistics – March 2011

As at the 30 June 2010, 254 firms had taken the opportunity to become LDPs. The vast majority of firms currently have only one non-solicitor manager, although 17 firms have both non-lawyer managers and lawyer managers – Page 23

2011
Solicitors Regulation Authority

SRA Summary of Performance Measures and Statistics

As of December 2009, there were 140 LDPS under the SRA’s regulatory control (page 24)

2009
Byfield Consultancy

Big Bang Report: Opportunities and threats in the new legal services marketJon Robbins

As of November 2009, there were 109 LDPs which included 52 other lawyers (legal executives, licensed conveyances, patent attorneys) and 75 non lawyers – page 7
First City Firm to appoint legal exec partners – page 7

2010
University of Westminster

Capital Markets: Those who can and Cannot Do the Purest Global Law Markets

Discussion on accountancy use of MDPs

2001
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

Expectation of how MDPs might come into being:
Consider a group of lawyers who wish to create a large company by taking over other firms. This approach may be particularly relevant in the creation of an MDP. Venture capitalists may be keen to invest but there may be uncertainty as to the true future prospects of the company. Setting a price for an equity injection in this context may be difficult and also dilutes the incentives for owners. Adopting a hybrid with a high rate of return allows the venture capitalists to bear significant risk but does so in a manner that is less sensitive to the uncertain potential of the company. The bulk of this risk remains with the owners and so the owners obtain risk capital without diluted incentives. Page 25

Example: companies at present can sell legal insurance and then buy legal services to meet the obligation when a customer

2005
Bar Standards Board

Survey on Bar Standards Board Regulation of New Business Structures July 2010

Importance placed upon factors which might be relevant to barristers in deciding what sort of business structure is most suitable for them – Page 17

Barristers interest in joining new structures -
Interest in each structure ranges from 17 per cent to 23 per cent of barristers (defined as those very or fairly likely to join one of the newly proposed structures within the next five years). Page 19

Interest varies within groups of barrister. Non-white barristers are significantly more likely (45 per cent) to join one of these structures in the next five years than their white counterparts (35 per cent). In addition to this, almost two fifths of men (39 per cent) are very or fairly likely to join the new structures compared with just over a quarter of women (28 per cent). – Page 20 See also Table 1

23 per cent of barristers are either likely or very likely to join a BOE in the next five years if it was available. – Page 22
Table 2 : Likelihood to join a BOE by depth of understanding of new business structures made possible by the Act
Figure 5 : Percentage likely or very likely to join a BOE by barrister type
Figure 6 : Additional percentage of barristers likely to join BOE if litigation is included

Likelihood of joining an SRA or CLC regulated LDP – Page 27
Likelihood of joining an LDP regulated by the SRA, CLC or the BSB – Page 28
Figure 9: Percentage likely or very likely to join an LDP by barrister type – Page 32
Figure 10 : Additional percentage of barristers likely to join BSB regulated LDP if litigation is
included – Page 33

2010
Fordham Law Review

Multidisciplinary practice redux: globalization, core values, and reviving the MDP debate in America

International paper, discussing trends in MDP liberalisation in various common law countries. No real data on actual usage of MDPs, more how various bars came to their regulatory positions on how they should be governed. Summary of how England & Wales LSA came about (page 2232 onwards).

2010
Law Centres Federation

Fundamental Legal Aid Review

Law Centres are already classed as LDP (page 15).

2004
Advice Services Alliance

Regulating alternative business structures

Most NfP advice centres are already MDPs (page 2). They want an undue regulatory burden separating both regulated and unregulated activities (page 4).

2009
Bar Council

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

Prediction that in 5-10 years time form the core of the Bar there will emerge a significant grouping of LDPs. These will have started life as solicitors

2010
Legal Services Policy Institute

The Legal Services Act 2007: Implications for the Bar ‘s Sources of Work – Professor Stephen Mayson

All forms of LDPs hold some potential for a reduction in the number of self employed Bar. To the extent that clients and referred follow barristers to their new LDP home. There will also then be a reduction in the referrals available to the self employed Bar. – Page 3

2008
Legal Services Research Centre

Recession, life problems and self-reported stress

Report flags up the idea of integrated legal and mental health advice providers (page 12 – 13).

2010
Northwestern Journal of International Law and Business

The legal world is flat: globalization and its effect on lawyers practicing in non-global law firms

Report suggests that some law firms (in the US) now offer ancillary services (page 6 – 7).

2008
Legal Services Research Centre

The depressing facts about recession and its aftermath – Pascoe Pleasance and Nigel Balmer

Suggests integrated legal and health services have become more common in recent years (page 3).

2010
Ministry of Justice

The market for “BTE” legal expenses insurance

Summarises some early movers into ABSs – including AXA (page 10) and the AA.

2007
Penn State University

European Commission Project Regarding Competition in Professional Services

This report covers MDP liberalisation in other countries (page 64) and EU bodies view on the subject (page 71).

2009
Legal Services Research Centre

Recession, life problems and self-reported stress

Report flags up the idea of integrated legal and mental health advice providers (page 12 – 13).

2009
Legal Services Policy Institute

Legal services reforms and litigation – Professor Stephen Mayson

It is true that many firms are facing up to the implications of underperforming partners and beginning to grasp the nettle. But an inevitable consequence of this is that with fewer equity partners, law firms might find it more difficult to raise enough capital or debt to resource their practices.
Against this background litigation becomes an expensive service because the business vehicles for delivering dispute resolution services are themselves over laden with costs. Pages 1 & 2

The most likely to be affected by the reforms are the consumer and legal aid segments. The Clementi driven consumer reforms are likely to attract large nationally branded providers: retailers (e.g. Co-Op) and banks (e.g. HBoS) may develop own brand services that may be provided directly or white labelled through collaboration with law firms.
I suspect that private family and children work could remain relatively unscathed. There is rarely a winner in such disputes and national brands may not wish to risk their reputation on services that have such significant grudge purchase and negative connotations. Page 2

2007
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

It is generally expected that with the possibility of new ownership, the LDP and MDP forms will be particularly attractive for legal firms that are currently large and for large non-legal firms that wish to provide legal services. Public listing is also an attractive possibility for many legal firms. For example, a recent article in the Financial Times reported that 10 of the biggest 100 law firms indicated that they could seek a stock market floatation following a broadening of the ownership rules and permissible business structures. – Pages 7 & 8

2005
The Law Society

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

“There does appear to be interest from segments of the public for

2009
Smith & Williamson

Almost 1 in 4 of the UK

Reports on survey of 126 larger law firms – 4 from the UK

2010
University of Westminster

Capital Markets: Those who can and Cannot Do the Purest Global Law Markets

Discussion on likely accountancy/law mergers

2001
Sweet & Maxwell

Brave New World: Impact of the Legal Services Act 2007

Reports that their survey found that nearly half of respondents are interested in adopting an ABS and 37% expressed an interest in accessing external capital.

2007
Legal Services Policy Institute

After Clementi – The impending legal landscape

Identifies two routes to ABS:
1. Internal route – practitioners form different professions work together with professional managers and some non lawyer owners in the form of those who manage process or volume practices such as debt collection, uninsured loss recovery or housing repossession. It is suggested that these firms will grow organically from the consolidation of existing legal practices. This offers the attractions of career progression and owner interests to managers, and local consolidation of costs (e.g. office buildings).
2. External route – the external creation or acquisition of a legal practice by those who are not qualified or mainly in the legal business – such as membership organisations, financial institutions and retailers. Page 6

2006
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).
Defines a reduction in geographical access to mean less physical locations (i.e. solicitors offices) and consumers finding delivery of services via internet/phone etc as inferior substitute to face to face advice, and providers unwilling to travel to deliver services.
Report concludes that whilst it is possible that some smaller firms may close in areas thinly served at present, the impact on consumers welfare could be mitigated through specific remedies such as facilitating visits by lawyers to the homes of elderly consumers. (see pages i to iv).

Highlights main economic effects of ABS as being access to capital and service bundling, meaning that physical access is an issues if economies of scale come into play- page 10
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.

2010
Judiciary

The future of the Bar – The Rt Hon The Lord Neuberger of Abbotsbury, Master of the Rolls

Such new structures offer a host of opportunities for innovation and greater competition in the public interest. As we all hope, innovation and greater competition should lead to a reduction in litigation cost. Equally, they should lead to greater access to justice through broadening the availability of quality advocates via an increase in direct access, or access via Procurecos – Page 2

External investment could also, for instance, lead to the expansion of law firms

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

Survey of 284 STEP members from across the UK found showed:
– a slim majority thought ABSs will create more awareness and hence more custom for private client practitioners across the price spectrum.
- strongly felt that ABSs will revolutionise the way services are delivered and that a collision of differing cultures
and regulatory regimes will provide challenges.
- the market will polarise between those competing
on price and those offering bespoke services and that clients will be more ready than they have been historically
to move from one service provider to another.
- fewer TEPs would offer will drafting services as a loss-leader.
- Demand for the multi-disciplinary approach will result
in the increased use of outsourcing by firms and that those adopting the multi-disciplinary approach will see increases in efficiency as a result.
- It was agreed that services in the middle end of the market will be dominated by a commoditised
approach, but members were unsure as to whether increasing commoditisation would lead to growth in the private client market as a whole.
- members agreed that the industry was moving towards the

2010
Co-Operative Society

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

One of the principal aims in establishing CLS was to deliver the vision of greater consumer confidence and choice that was set out in the Government’s White Paper published in 2005 The Future of Legal Services: Putting Consumers First. – Page 2

The positive reasons for pushing on with the formulation of the regulatory framework for ABS?s are well rehearsed and established. Principally it is driven by consumer interest. The emergence of new entrants with better resources, modern structures and customer focused business practices will greatly enhance consumer choice, service, value and confidence. Access to justice will be greatly enhanced. The secondary driver is that it is in the interests of the profession, particularly those currently entering the profession for whom partnership in private practice is not necessarily the be-all-and-end-all of their professional aspirations. The opportunity to embark on a career with an ABS is equally, if not more, appealing to many aspirant lawyers and other professionals. Page 4

CLS believes that many traditional solicitor practices have their heads in the sand over the changes that are imminent in the legal market. That said CLS does not envisage a huge rush from non-solicitor organisations to get licensed as ABS?s on day one of a new regime. Only a few organisations like CLS have openly expressed an interest in the market. As the market develops both ABS and traditional firms will consolidate through merger and acquisition which should lead to greater levels of investment and efficiency which will be to the direct benefit of the end users of legal services. Page 5

2009
Baker Tilly

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

Survey of over 100 solicitors and barristers reports that:
Solicitors firms considering non lawyer partner- 13% actively pursuing, 27% considering, 36% not considering, 24% wouldn’t consider. – Page 3
Range of possible future business models – LDP plus, externally owned ABS branded, externally owned ABS cross selling, MDP one stop shop, Co op model, Private Equity investment, Floated company, Hub & Spoke back office with regulated frontline services, NfP organisations providing solicitor services, In house teams expanding into the market. – Page 4
8% of solicitors firms would consider having an outside investor, 46% were open to the idea, 34% definitely not, and 12% were uncertain. Page 11.

Reports on views within the insurance and claims management companies sector that since solicitors can still make a profit when they pay referral fees, they will move to bring legal services in house post October 2011. Page 19

Reports that 17% of barristers plan to incorporate, 8% are considering, and 67% will are not planning to do so. Page 23

2010
Legal Services Policy Institute

The Legal Services Act 2007: Implications for the Bar ‘s Sources of Work – Professor Stephen Mayson

Potential new entrants include Cooperative Legal Services, Halifax Legal Solutions and the Automobile Association.
To the extent that qualified lawyers are used in such new entrant firms it is likely that fewer of them will hold a major ownership share, and there involvement will be confined to reserved activities. Thus a new entrant can establish its own internal legal capacity with a lower cost base than the traditional law firm. While it is highly unlikely that these providers will ever internalise their entire need for legal services, it would be reasonable to surmise that they will make less use of external law firms and the self employed Bar.
New Entrants target legal services include conveyancing, personal injury, wills and probate, and employment; because of negative brand association they are less likely to be interested in crime and family work. Uncertainty, lack of control and the spiralling costs associated with dispute resolution also suggest that these volume businesses will take commercial decisions to litigate less (or not at all) and the associated need for advocacy could also decline. Page 4

2008
Bar Standards Board

Survey on Bar Standards Board Regulation of New Business Structures July 2010

Table 3: Likelihood to join an ABS by depth of understanding of new business structures under the Act – Page 37
Figure 13: Likelihood to join an ABS regulated by a body other than the BSB
Figure 14: Percentage likely or very likely to join an ABS (regardless of regulator) by barrister type
As with LDPs, two thirds (67 per cent) would want to work in a dual capacity, employed by or managing an ABS but continuing to carry out some work in self-employed practice. 17 per cent would want to work solely within the ABS. Page 40
Figure 15: Additional percentage of barristers likely to join BSB regulated ABS if litigation is included
Figure 16: Net difference between the importance placed on business factors for barristers likely to join a new business structure (regardless of type) and their colleagues who are unlikely to
Figure 17: Net difference between the importance placed on business factors for barristers likely to
join a BOE and their colleagues that are unlikely to

Figure 28: If you were considering becoming a manager of any new business structure, what other categories of professional would you be interested in becoming a manger or owner with?

Over three quarters of barristers interested in LDPs would consider working in partnership with solicitors (76 per cent), 71 per cent are interested in working with other barristers and over half (53 per cent) would consider working with other legal professionals;
73 per cent of barristers interested in working within an ABS would like to work in partnership with other barristers, they are also the most likely group to be interested in working with other non-legal professionals (46 per cent) and clerks or practice managers (40 per cent);
Logically, barristers interested in BOE structures are most interested in working with other barristers (69 per cent), although this group also express an interest in working in partnership with solicitors (61 per cent) or other legal professionals (34 per cent).
Barristers practising commercial / chancery law are less likely than average to work with any other professional. Most notably, only 40 per cent want to work in a new business structure with their barrister colleagues, unlike those practising common law who are particularly likely to show an interest in working with other barristers (54 per cent);
Barristers working in Public Law are particularly enthusiastic about the prospect of working in partnership with others. 40 per cent are interested in working with other legal professionals, 31 per cent with other non-legal
professionals and 49 per cent in working with solicitors;
Barristers employed by authorised persons, working predominantly with public clients, or that are male are also more likely to be interested in each professional for potential partnership;
There are no significant differences when looking at barristers by length of time at the Bar, number of barristers sharing chambers, whether they have children, a disability or are from an ethnic minority.
- Page 64

2010
Department for Constitutional Affairs

A Legal Services Board: Roles and Operationalising Issues

Pre legislation report into roles of LSB

2006
Law Centres Federation

The socio-economic value of Law Centres

The beneficial socio-economic impact Law Centres have on the community they serve may lead us to conclude there is a need for one-stop shops

2008
Byfield Consultancy

Big Bang Report: Opportunities and threats in the new legal services market Jon Robbins

Prediction from Baker Tilly that no more than 5 firms will list in the 5 years post 2011, and these will be consolidations of around 20-30 existing high street practices. Between 10-20 firms will be the recipient of private equity in the first phase. page 15
Areas that are low risk, diverse client base and reasonable volumes are likely to be attractive to external investment, such as conveyancing – page 16 – or personal injury with external investment used to promote lawyers services as an alternative to claims management companies – page 17
External investors interested in the legal services market because of its size and fragmentation and poor value for customers – Lyceum capital. Two areas of interest are retail legal market where consolidation and systemisation would lower costs and increase brand awareness – and middle level city firms. page 22
Range of Private Equity funds looking at in vesting in the Up legal services market. Most attractive are low value high volume work for example conveyancing, and the approach is likely to be minority stakes in big firms. page 23
Potential New Entrants Case studies – Co-Op, Halifax, A4e, Which, DAS pages 31-36

2010
Legal Services Board

The future of legal services: Emerging thinking

Tony Williams – Jomati Consultants LLP – Reports that because external investors will be looking for a higher rate of return, firms need to have a clear plan fro use of capital – pages 12
They will need, on a continuous basis, to re-examine the market they operate in, the processes they use, their pricing models and their cash flow and profitability forecasts. Such an approach is common in many businesses but relatively rare within law firms who up to now have generated relatively high financial returns often in spite of themselves. Linked to this is the whole concept of accountability across the organisation, including partners. Clear job descriptions, operational targets and metrics will need to be established with consequences for both success and failure. Page 13

2010
Journal of economic geography

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

Quotes Lawyer survey suggesting that half of Lawyer 100 may seek outside equity injection post LSA (page 25)

2009
Department for Constitutional Affairs

The organisational structure of legal firms; A discussion of the recommendations of the 2004 review of the regulatory framework for legal services in England and Wales – Richard A. Brealey and Julian R. Franks

Two-thirds of the top 100 firms wish to admit non-lawyers as partners – page 16
Survey evidence of the demand for outside capital suggests that one in five of the top 100 law firms would seek outside investors and one in ten would list on the stock market – page 18.
How different sizes of firms may respond to ABS – pages 15-21

2005
Bar Standards Board

Perceptions of barristersResearch study conducted for the Bar Standards Board by IPSOS MORINovember 2007

Reports on possible changes should be made to the chambers system in order to provide a better service to clients, with at least 1 in 5 barrister respondents highlighting provide some of services solicitors provide, Involvement from other professionals, Greater direct access for clients, Partnership/corporate structure – Pages 33-34

2007
Bar Council

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

At the Bar there is no appetite at present for partnership because partnership brings forth the need to adhere to a much stricter version of the conflicts rule which applies to the business unit as a whole and not to the individual practitioner. In a set of Chambers the members do not share profits and losses so do not have a direct interest in the business success or failure of their colleagues. The report suggests that overall capacity of the Bar to provide even the services that it does today would be materially reduced. Informal soundings suggest that many sets could lose as much as 30-45% of their work if they went into partnership. The figure is less for London-based criminal defence sets where estimates suggest that partnership could result in a loss of 10-15% of work. Page 35

2010
The Law Society

An investigation into the membership of the Children Panel

Children’s’ Act and the need to be accredited to act for Children

2005
Legal Advice Sector Partnership Steering Group

Advice forward: developing skills for the future

Broad summary of some of the key drivers of demand change (page 15 onwards).

2006
Bar Standards Board

Perceptions of barristersResearch study conducted for the Bar Standards Board by IPSOS MORINovember 2007

Looking at employed barristers and what motivated them to join the employed Bar
Page 44

2007
Civil Justice Council

Appendix to Contingency Fees – A Study of their operation in the United States of America: Improved Access to Justice

Case law on CFAs and ATE insurance (pages 29 – 39). Case law on third party funding (page 47 – 50).

2008
Journal of Information, Law and Technology

Law firm clients as drivers of law firm change

Discusses the use of technology as drivers of change throughout the report.

2002
Skills for Justice

Professional and financial service cluster report

Cites the recession as causing a reduction of work in the legal sector (page 17). Short summary of reforms affecting legal sector – i.e. LSA (page 19-20)

2010
Cardiff University

Damage based contingency fees in employment cases

Discusses varied demand for employment tribunal cases (page 72) over a number of years and basis of claims (page 73) – also possible explanations (page 75).

2008
Citizens Advice

Geography of advice: An overview of the challenges facing the Community Legal Service

Access for justice reforms led to the creation of the CLS (page 5). How civil justice reforms led to the more widespread use of CFAs (page 23).

2010
Legal Services Board

Improving access to justice

Cites various examples of regulation-led change: solicitor / barrister partnerships, referral fees /ABSs (page 9).

2010
Department for Constitutional Affairs

The independent review of the Community Legal Service

Access to Justice Act (1999) led to the formation of the Community Legal Service (page 5). Summarises which areas of law were no longer to be legally aided, and which areas of law would get more money (page 13).

2004
Law Centres Federation

Fundamental Legal Aid Review

Access to Justice Act capped legal aid budget. Down from 80% eligibility to 29% in 2004 (page 3).

2004
Commonwealth secretariat

Reform of the legal profession in Australia – Michael Kirby

Australia summary – government push to reform the way that legal professions in Australia were regulated (page 2).

2010
Legal Services Research Centre

Improving access to justice through Alternative Dispute Resolution: The role of Community Legal Centres in Victoria, Australia

Australian example – justice reforms supported growth of ADR (page 14 – 16).

2010
Electoral reform services

Survey of barristers changing practice status

Barristers leaving the bar tend to go in-house (around 38 per cent take this path) – page 3 – 4. Reasons why also explained on these pages. A small majority of leavers had previously worked in mainly publically funded areas of legal practice (page 16). Further breakdown of where they go on page 17. Further breakdown of reasons for leaving on page 20.

2009
Department for Business Innovation & Skills

Zero

Based on likely changes in funding report suggests CitA and CAS should seek to increase the effectiveness and efficiency of their networks by taking positive steps to encourage the further rationalisation of bureaux by amalgamation. – Pages 13-16

2006
Richard Susskind

Presentation of diagrams on left hand side of web page – Transforming the Law Essays on Technology, Justice, and the Legal Marketplace Richard Susskind, OBE

Diagrammatic presentation of legal grid – different ways of offering legal services to the market – slides 1-11
Different strategy’s for firms to respond – slides 12-19
Potential different future structures of law firms – slide 20
Current and future client service chain – slides 21 -25

2003
University of Westminster

Postmodern professions? The fragmentation of legal education and the legal profession – Andy Boon, John Flood, Julian Webb

Discusses Law Society’s Training Framework Review – aims to focus on outcomes not courses or processes (page 3).

2005
Legal Services Policy Institute

External ownership and investment – issues and challenges

Discusses the possible impact of the LSA 2007.

2008
American Bar Association

eLawyering for a Competitive Advantage

A legal information solution can often substitute for the professional services of an attorney. This is the new reality that the legal profession now faces. Page 1
These new alternatives are capturing or acquiring clients from both the

2008
Ministry of Justice

Conditional cautions: evaluation of the women specific condition pilot – Helen Easton, Marisa Silvestri, Karen Evans, Roger Matthews, Sandra Walklate

Conditional cautions – a way of dealing with offences without prosecution (page 2).

2010
Council of Europe

Convention for the protection of human rights and fundamental freedoms as amended by protocol no 11 with protocols nos 1, 4, 6, 7, 12 and 13

Convention (page 6) gives defendants qualified right to free legal advice “when the interests of justice” so require.

2003
Suffolk University Law Review

When law firms failJohn P. Heinz

Conventional wisdom was that firms had to grow in size (page 67). Cites example of dot com bust in US (page 73).

2010
Criminal Law Review

The merits of legal aid in the magistrates’ court revisited

covers the Criminal Defence Service Act 2006 (page 1) – which reintroduces legal aids means test (page 2). Also transfers power over criminal legal aid from the courts to the Legal Services Commission. Explains how previous arrangements worked (page 5) and how its changed more recently (page 7). Grant rate for criminal legal aid in 2005 compared with 1992 (up, considerably) – page 12 – in scenario outlined. More data on grant rates (page 14 – 15).

2007
Fordham Law Review

Teams of rivals? Towards a new model of the corporate attorney / client relationship

covers the rise of the in-house legal team as changing the dynamic between law firms and clients (page 674).Beauty parades etc (page 690). DuPont example (page 695). Consolidation of English firms (page 702) discussed. Tyco example (page 717).

2009
Legal Services Research Centre

Asian access to justice and reflection on four years of innovation in Japan – Tomoki Ikenaga and Keita Abe

In 2004, Japana saw its first ever graduate law school opened (page 5).

2010
Ministry of Justice

Study of legal advice at local level

The recession has led to an increased demand for legal advice, especially in relation to social welfare law (page 6). Covers Carter reforms in relation to legal aid (page 38 onwards).

2009
Centre for Crime and Justice Studies

CDS Direct: Flying in the face of the evidence

Introduction of DSCC and CDS direct

2008
Fordham Law Review

Teams of rivals? Towards a new model of the corporate attorney / client relationship

The rise of the in-house legal team as changing the dynamic between law firms and clients (page 674).Beauty parades etc (page 690). DuPont example (page 695). Consolidation of English firms (page 702) discussed. Tyco example (page 717).

2009
Criminal Justice / Open Society Institute, Intersentia / Metro

Effective criminal defence in Europe

Introduction of fixed fees for police station and criminal court work has reduced the amount of work that lawyers can do on cases (page 8). Europe-wide, makes recommendations for what a legal aid directive should contain (page 16 onwards).

2010
Fordham Law Review

TEAM OF RIVALS? TOWARD A NEW MODEL OF THE CORPORATE ATTORNEY-CLIENT RELATIONSHIP David B. Wilkins

Discussing commercial legal market, suggests that in-house counsel are increasingly consolidating their number of external law firm providers into a smaller number of preferred firms – case histories and anecdotes (page 697 – 700). Also, very large law firms are actively pruning unprofitable clients from their books (page 703).

2008
HMCPSI (Her Majesty's Crown Prosecution Service Inspectorate)

Report of the thematic review of the quality of prosecution advocacy and case presentation

June 2004 a formal documented advocacy strategy was launched by CPS to increase the volume of Crown Court work undertaken by in-house advocates significantly. This new approach would inevitably reduce the amount of work available to the self employed Bar – Page 3

Table of CPS advocate deployment levels 2004-2009 including estimated level of counsel fees saved by CPS – page 61

2009
Fordham Law Review

THE ECONOMIC DOWNTURN AND THE LEGAL PROFESSION FOREWORD: THE GREAT RECESSION AND THE LEGAL PROFESSION Eli Wald

Discussion of the linked impacts of the Great Recession on the legal profession in the US, comparing this with reactions of the legal profession to the Great Depression.
Different parts of profession experienced the Great depression in different ways with larger law firms seeing declining profits and smaller firs struggling to survive – see page 3.
“Intraprofessional strife caused by severe economic stress has the potential to bring about mobility within the profession, unsettle hierarchies, threaten established elites, and open the door for the rise of alternative elite structures” Page 4

2010
Legal Services Policy Institute

Civil Legal Aid: Squaring the (vicious) circle

Legal aid as a driver

2010
Ministry of Justice

Public opinion and the jury: an international literature review – Julian Roberts and Mike Hough

Discussion on removal of the right to trial by jury (page 20).

2009
Journal of Law and Society

Alternatives to public provision: the role of legal expenses insurance in broadening access to justice: The German experience – Matthias Killian

Legal expense insurance was not allowed in E&W until 1967, many years after it was allowed in Germany (page 2).

2003
Legal Services Research Centre

Legal expenses insurance: preconditions, pitfalls and challenges – experiences from the world’s largest legal expenses insurance market – Matthias Killian

EU directive 87/344/EC – guarantees free choice of counsel before courts and administrative bodies (page 2).

2010
AdviceUK

It’s the system, stupid! Radically rethinking advice

Legal Service Commission / local authority tendering for provision of advice services (page 8).

2008
The smart lawyer

Critical elements of knowledge management

Framework for knowledge management within law firms

Unknown
Audit Commission

Sheffield City Council – legal servicesBest value inspection service

Legislation affecting local governments (including HRA) – page 11.

2001
Criminal Bar Association

Legal aid – funding and access

Government has created 3,000 new criminal offences since 1997 (page 1).

2010
Bar Standards Board

Survey on Bar Standards Board Regulation of New Business Structures July 2010

Looking at Direct Access:
barristers that are employed are more likely to be in
favour of an extension to public access with 75 per cent of those employed by others agreeing with the statement as well as 70 per cent of those employed by authorised persons. This is against 52 per cent of self-employed barristers or those in chambers. – Page 66

Figure 30: Support of the extension of public access by barrister type

2010
The Law Society

Take a global view – Join the Law Society

History of activities by TLS International division, looking to promote business.

2010
University of Manchester - Institute for Law, Economy and Global Governance

Liberalization of Legal Services

History of regulatory liberalisation in England and Wales (page 9 – 11).

2006
Legal Services Research Centre

Recession, life problems and self-reported stress

The impact of the recession has led to an increased demand at the CAB for advice (page 4).

2010
Journal of Information, Law and Technology

Law Firm Clients are Drivers of Law Firm Change II Peter Gottschalk

Summarises the move to deliver legal information online (page 3).

2002
Royal Bank of Scotland

A perspective on the legal market

Summary of market drivers affecting legal; services market (pages 4 – 5).

2009
Legal Services Board

Referral fees – access to justice or road to hell

Summary of road to liberalisation in relation to referral fees (page 3).

2009
Solicitors Journal

Defence mechanisms

There are too many suppliers of profitable defence work. Suggests mergers of firms may be required to bid for work being tendered (page 46)

2010
Legal Services Research Centre

Targeting and access to justice: an introduction to legal aid reform in England & Wales – Pascoe Pleasance

Summary of some major trends in legal advice – i.e. the right to free legal advice for arrested persons (page 1), formation of the Legal Aid Board.

2001
Office of Fair Trading

Competition in professions

This report summarises key regulatory changes that led up to pre-LSA liberalisation of the legal services market. Key liberalisations in relation to advocacy, conveyancing and probate summarised (page 17). Key regulatory liberalisation dates summarised (pages 40/65 – 41/66).

2001
Cardiff Law School

Self regulation and the market for legal services

Summary of various reforms to the legal profession, including Clementi (page 2).

2004
Skills for Justice

Skills priorities and scenarios in the justice sector – Thomas Usher

This report discusses “megatrends” in the justice sector, in relation to public sector agencies.

2009
Moulton Hall Market Research

Referral arrangement and legal services research report

Survey found that most PI work tended to come via paid-for referrals (page 3). More mixed picture for residential property work (page 16). Referral ban lifted in 2004 (page 39).

2007
U.S. Chamber Institute for Legal Reform

Selling lawsuits, buying trouble

This report discusses litigation funding as a possible driver of market change. Case studies include Australia

2009
University of Leeds

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

This report suggests that very large law firms have become financalised – i.e. measure their performance via metrics such as PEP – in recent years (page 9).

2009
Centre for Socio-Legal Studies / University of Lincoln

International conference on litigation funding

The arrival of claims farms post 1999 and their subsequent regulation (page 28).

2010
FindLaw

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

US based legal business reports that:
Large corporate clients have had a substantial impact on the way law firms handle core matters, such as billing and staffing. This has led to legal services being split into three distinct types of matters:
1. “Outsourceable” matters, such as document review and standard contracts.
2. “Running the Business” matters that are deeply ingrained into how businesses work, like intellectual property, compliance and employment issues.
3. “Betting the Business” matters that are critical to the success of the company, such as antirust or securities litigation, bankruptcy, or IPO.
This hierarchy has an implicit value attribution, whereby matters that can be outsourced have a lower value, because, arguably, they can be performed by anyone with fundamental legal training. Clients therefore expect these kinds of legal services to cost the least out of the different layers of service.
At the top of the hierarchy, Betting the Business matters include not only major transactions and litigation, but also knowledge of how to work government agencies or understanding how a case will be positioned in the media.

2008
Cardiff University

The role of legal aid in the justice system Richard Moorehead Westminster Legal Policy Forum 2010

The drive by the MoJ to save

2010
Legal Services Research Centre

Recession, life problems and self-reported stress

The impact of the recession has led to an increased demand at the CAB for advice (page 4).

2009
Ministry of Justice

The market for “BTE” legal expenses insurance

Summarises key regulatory changes allowing for BTE legal expense insurers – Access to Justice Act, Compensation Act etc (page 6). More key events summarised – i.e. CFAs, Woolf etc (page 20 – 21).

2007
John Flood

Globalization and Large Law Firms

Reports that significant growth in recent years has come from law firms of more than 100 lawyers – Page 1

2007
Stanford Law Review

The elastic tournament: the second transformation of the Big Law Firm

Table summarises forces affecting large (US) – page 115.

2008
Legal Services Policy Institute

Quality, Values and Standards: the future legal landscape

Yes

2010
Department for Constitutional Affairs

Family Justice System Stasticial Bulletin, 2002 data – Matthew Bollington

New laws bring new legal remedies (i.e. in relation to domestic violence) – page 4 onwards

2003
Ministry of Justice

Research Summary 1/10

Page 1. Decline of 29% in number of civil court cases between 1997 – 2003. Suggests decline was due to reforms of civil justice system.

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).
Reforms to legal aid, increasing use of non solicitors to provide legal advice, technological change and consumer adaptation to new technology, outsourcing, and referral fee changes, are all cited as drivers of market changes. – see pages 12-13

2010
Legal Services Board

The future of legal services: Emerging thinking

Professor Mari Sako – Said Business School, University of Oxford – reports that:
Discontinuous change happens as a result of five things: the introduction of a new product or process, the opening of a new market or source of supply of intermediate goods, or a new organization design. For law firms discontinuous change is happening as a result of his last two factors – new sources of supply and new organizational design. The value chain for law firms is disintegrating. This possibility had existed for some time, with new ICT technology. Much of legal knowledge can be standardized, systematized, and packaged for delivery using self-service and smart systems. Moreover, the billable hour, which developed as a common way of charging clients, has come under severe attack, as the notion of professional autonomy and self-regulation came into conflict with the notion of business efficiency and consumer interest. Combined with the availability of new locations as sources of supply of talent, ICT has pushed global corporations in the direction of off shoring. Page 20-21

2010
Lawyer Locator

The Future of Small Law Firms Jeopardy or Opportunity

Senior self-employed lawyers use IT systems
and processes, including internet-based practice management and case management systems, remote telephone answering and outsourced typing services to service their clients from outside a traditional office. Last year Woolley & Co claimed in an industry magazine to have taken on 80 new divorce cases a month, citing the firm

2010
Journal of legal education

Legal Education and Training in England and Wales: Back to the Future?

Rapid increase in the number of law students from 1970s onwards (page 89). covers other past market drivers including the housing market boom of the 1980s and the expansion of corporate work post Big Bang (page 95). Also mentioned Access to Justice Act 1999, which extended rights of audience for solicitors and employed bar (page 98).

2008
Law Consultancy network

Merger activity doubles in last six months

Small firms merge for several reasons (page 3) – not just the LSA.

2011
CPA Global

Building value though legal process outsourcing

Refers to US survey of general counsel, where 85% of respondents said that economic considerations were putting pressure on them to reduce spend on outside counsel (page 2)

2009
University of Westminster

Capital Markets: Those who can and Cannot Do the Purest Global Law Markets

Some analysis of accountancy market

2001
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.

Report expresses a fear that the market for CFA may collapse (page 14).

2008
Bar Council

Submission by the Bar Council of England and Wales to the Legal Services Consumer Panel’s Call for Evidence on Referral Arrangements

Submission refers to changes to the solicitors code, permitting third party introductions for the first time (page 2). No such liberalisation at the bar. The Bar argues this would distort the market, and lead to solicitors instructing the wrong barristers (page 3). Claims referral fee incentives are stopping solicitors referring work to the bar (page 17).

2010
Europe Economics

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

Report refers to government intention to cut legal aid expenditure (page 9)

2009
Legal Abacus

NEW SURGE IN FIRMS LOOKING AT LIMITED COMPANY STATUS

Suggests personal tax rate changes may impact on a firm’s decision to become an LLP (page 26)

2010
The Law Society

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

Report suggest LSC funding regime means that specialist work is consolidating among a smaller number of specialist providers (page xii). Also NHS is shrinking its number of preferred supplier firms. Legal aid for most PI cases abolished in April 2000 (page 17).

2002
Business and Economic History

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

Suggests regulatory liberalisation may help drive market change (page 795). For example, lawyers can (and do) now advertise (page 796-797).

1997
Northwestern Journal of International Law and Business

The legal world is flat: globalization and its effect on lawyers practicing in non-global law firms

Report suggests that, as more law firms have gone “global”, the legal world has become flatter (page 3). Offshoring, self-service legal services etc (page 4).

2008
Legal Services Board

Legal process outsourcing: transforming the legal landscape – Orijit Das

Suggests that the recession has pushed legal process outsourcing beyond the tipping point of acceptance (page 12).

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

Reports on issues facing the criminal Bar in 2007:
(1) The CPS

2007
Bar Council

Entry to the bar working party – final report

Requirements that chambers pay pupils has led to a reduction in pupillages available (page 63)

2007
Solicitors Journal

Declining popularity

MPA tendering was supposed to happen for legal aid work, It hasn’t, because solicitors weren’t interested in bidding for it.

2010
Lawyer Locator

The Future of Small Law Firms Jeopardy or Opportunity

YouGov poll of 150 sole practitioners commissioned by LawyerLocator in May 2010, 130 (87%) said they fear that the future of high street law firms is in jeopardy. Page 4

2010
Legal Services Policy Institute

The Legal Services Act 2007: Implications for the Bar ‘s Sources of Work – Professor Stephen Mayson

A reduction in the number of firms who refer work to the Bar. Even if the volume of referred work does not decline the concentration of referrals in a smaller number of firms will reduce the points of access to work and privilege certain relationships over others. Page 2

2008
Legal Services Policy Institute

Civil Legal Aid: Squaring the (vicious) circle

Discussion of the likely impact of legal aid reform

2010
Byfield Consultancy

Big Bang Report: Opportunities and threats in the new legal services marketJon Robbins

Estimate that as many as 3,000 firms could go bust – page 17

2010
Solicitors Regulation Authority

SRA Summary of Performance Measures and Statistics – March 2011

Number of firms opening and closing in the last 12 months – Page 5

2011
IRN

Legal Brief Part 2 – A Quiet Revolution

Overview of smaller firms potential responses to legal services reform.

2010
Law Consultancy network

Merger activity doubles in last six months

This report of small firms suggests an increased rate of law firm mergers within sampling.

2011
The Law Society

Trends in the solicitors

Changes in firm size and structure between 2007-2009

2008
Legal Services Policy Institute

After Clementi – The impending legal landscape

Suggest the most vulnerable firms in the new competitive market are the smaller firms faced with changes to legal aid funding, and conveyancing.
The most likely outcome in this segment will be the consolidation of firms into larger more competitive better funded and resourced businesses. A multitude of small businesses inevitably presents a fragmented supplier base and duplicated costs. When this fragmentation and duplication is combined with a tendency to recruit more highly qualified (and therefore more expensive) people than the work may truly warrant the cost eventually becomes too high for clients’ to bear – or provides an opportunity for a better organised and more business like competitor to come along with a more attractive offering. Page 8

Sets out what a external investors will want to see before investing Page 9

2006
The Law Society

Trends in the solicitors

Changes in firm size and structure between 2007-2009

2007
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, outlines the challenges for new entrants into credence goods market, where existing brands are well established.
When a new firm decides to establish itself in the market, probably no or only a few customers know it. In both cases the firm can invest in an expansion of its customer base. The costs of the investment are many fold. Basically, to attract new customers the firm has to offer a particularly good bargain. The investment is likely to be substantial because consumers’ reaction in customer markets cannot be expected to be quick. But it is exactly this inertia of behaviour that allows the firm to calculate its return on the investment of acquiring new customers. There might also be benefits from the change in the long-term behaviour (e.g. increased loyalty) of existing customers.
- page 8.

1998
Byfield Consultancy

Big Bang Report: Opportunities and threats in the new legal services market Jon Robbins

Development of brand names – Quality Solicitors – page 3, page 13 & page 14 – Case study page 24
Changes to support services – for example Bar Futures page 5 & page 11
Future for the Bar offering wide ‘cradle to grave defending’ – page 10
Interest from private sector in legal aid – page 21
Expansion of targeted services – for example RJWs 4ExpertProtect, 4ExecProtect , 4 Legal, and Claims Direct services. page 18

2010
Journal of Information, Law and Technology

Law Firms and IT

Framework for knowledge management in law firms

2006
Bar Standards Board

Alternative Business Structures Mandie Lavin Director Bar Standards Board

Presentation on ABS to Barristers. Suggest 11 potential models of business in future:
Model 1

2010
JP Morgan Asset Management

Professional Connections: creating opportunities between IFAs and other advisory professionals

Reports on findings of a survey of over 200 solicitors and chartered accountants. LSA – could impact the
potential professional connections market in two ways: if rst it will enable solicitors to work in the same
if rm as IFAs and/or accountants as multi-disciplinary practices. Second, greater competition may force
solicitor fi rms to look for new ways to expand their client proposition

2010
The Law Society

Trends in the solicitors

Changes in firm size and structure between 2007-2009

2009
Bar Council

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

Rule 401(b) of the Code has been relaxed so that now barristers can: conduct correspondence with an opposite party, investigate and collect evidence for use in court proceedings, take proofs of evidence in criminal proceedings, attend at a police station without the presence of a solicitor to advise a suspect or interviewee as to the handling and conduct of police interviews. Page 36
BSB has further extended the existing schemes allowing direct access work to private crime, private family and private immigration work. Page 37
ProcureCo Model – Chambers incorporate a company, owned by the members of Chambers. This will act as an agent in contracting for work with clients on behalf of a

2010
Lawyer Locator

The Future of Small Law Firms Jeopardy or Opportunity

Large corporations are currently focussing on providing
legal services capable of a large degree of commoditisation and standardisation, including wills and probate, conveyancing and personal injury, and quite often for a fraction of the cost of a local high street law firm. For example Co-Op and Halifax launched an online

2010
Department for Constitutional Affairs

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

Once LDPs are in place, customers will face a choice between four different classes of advocates: solicitor advocates, employed barristers and

2005
JP Morgan Asset Management

Maximising the value of an IFA relationship

Possible areas of synergy between solicitors and IFAs – slides 10-14
Benefits for solicitors – slides 25-26

2010
Legal Services Policy Institute

Quality, Values and Standards: the future legal landscape

Yes

2010
Legal Services Policy Institute

If ABSs are the answer what is the question?

ABS may result in: more competition, better complaints-handling, and possibly fewer complaints, more cost-effective delivery, new methods of access and delivery

2010
Department for Constitutional Affairs

A market analysis of legal aided services provided by barristers

Suggests a future increase in the use of solicitor advocates as more obtain higher rights of audience (page 31). Discusses new payment mechanisms for legal aid work (page 35), which led to a reduction in rates charged by some practice areas (page 35).

2004
Department for Constitutional Affairs

Advice Agencies, Advisors and their Clients: Perceptions of quality

Access for Justice Act 1999 created the Legal Services Commission. The Act allowed not-for-profit organisation to contract with the LSC to provide legal services (page 1)

2005
London School of Economics

Really responsive regulation

Discussion paper on general impacts of regulation

2007
Department for Constitutional Affairs

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

General discussion of incentives and regulatory risks under traditional partnership and ABS models – pages 9 -32

2005
University of Manchester - Institute for Law, Economy and Global Governance

The economic implications of partnership restrictions in the legal services sector and their possible removal An Opinion Professor Stephen Davies

Impacts on partnerships of deregulation

2005
Journal of Social Policy

Proxy models of legal need: can they contribute to equity of access to justice?

In England, as a consequence of the Access to Justice Act (1999), capped budgets for civil legal aid were introduced, operating by a
system of contracts offered to local providers. This means that there is no longer any entitlement to funding in civil cases; entitlement has been replaced with a scheme for prioritising cases and resources (rationing) as a way of meeting the needs of the general public within a limited budget. Alongside this, a complex system of controls has been set in place to manage and ration access to legal services (page 267)

2006
The Bar Council and The Criminal Bar Association

BEST VALUE TENDERING FOR CDS CONTRACTS 2010 – THE LEGAL SERVICES COMMISSION CONSULTATION PAPER

In relation to pilot study of (funded legal aid?) work, firms were only allowed to obtain 12.5% of market share to ensure competition within region of preferred providers (page 10). Report believes this will lead to a reduction in the number of firms doing criminal legal work. Report argues this will have a knock-on effect on barristers, who would be locked out of competing for work (page 13). Further discussion on fixing market share (page 17) for each bidding firm.

2009
Byfield Consultancy

Big Bang Report: Opportunities and threats in the new legal services marketJon Robbins

Prediction that new entrants will only be interested in profitable areas such as property, wills and employment – page 20

2010
The Law Society

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

Report discusses impact of Woolf reforms on specific areas of practice – generally improved them, in terms of resolving cases (page xv). Discusses the emergence of CFAs (page xvii)

2002
The Law Society

Review of the regulation of corporate legal work

Report wants regulatory shift from being reactive to proactive (page ii) – which will cost, in terms of risk management etc.

2009
Legal Services Commission

Cumulative Impact Assessment: Legal Aid Reform Programme (Phase 1)

“The CDS reforms considered in this IA are those that were implemented in April 2007 (Magistrates

2007
Judiciary

LORD NEUBERGER OF ABBOTSBURY, MR25TH ANNUAL BAR CONFERENCETHE TYRANNY OF THE CONSUMER OR THE RULE OF LAW6 NOVEMBER 2010

Suggest that if consumer interest is interpreted to mean the lowest possible cost this will be to the detriment of consumer interest – Page 5.

2010
Legal Services Policy Institute

If ABSs are the answer what is the question?

Brands do not want to jeopardise their name so will not want to delivery poor legal services

2010
Citizens Advice

Geography of advice: An overview of the challenges facing the Community Legal Service

Growing number of firms pulling out of offering CLS work – contract regime is unworkable (page 10). 12% decline in the number of legal aid firms (page 11).

2010
Suffolk University Law Review

When law firms fail John P. Heinz

if firms want to ditch practice areas by removing partners, then partners have a right to withdraw their capital from the firm – which may cause financial problems (page 72).

2010
The Law Society

An investigation into the membership of the Children Panel

Lack of new entrants onto children panel blamed on poor rates of pay for legal aid work (page 19). Reasons for lack of new CP entrants (page 91 onwards). Work is limited, even for panel members (page 97).

2005
Department for Constitutional Affairs

Advice Agencies, Advisors and their Clients: Perceptions of quality

Report indicates that solicitors are finding it economically unviable to provide publically funded services (page 8).

2005
Department for Constitutional Affairs

The independent review of the Community Legal Service

Some evidence that firms were withdrawing from CLS contracts – number reduced between 2000 and 2003 (page 31). Suggestion that pay had not kept pace with cost of delivery (pages 31 – 32) Various other reasons for withdrawal cited, as well as pay.

2004
Lawyer Locator

The Future of Small Law Firms Jeopardy or Opportunity

30% of respondents to the YouGov sole practitioners poll said they had added new services, while 45% said they had trained in new areas of law – Page 7

2010
Electoral reform services

Survey of barristers changing practice status

Statistics imply that barristers tend leave the private bar because of uncertainly over future income (page 21). Other reasons for leaving explored on subsequent pages.

2009
Bar Council

Access to justice: barristers working in the public interest

Reports that legal aid barristers are facing cuts in income, therefore might not continue to offer this service (page 1). Reports that 80% of family law barristers said they would reduce or axe their involvement in publically funded legal work (page 7) if reforms introduced.

2009
Journal of economic geography

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

Suggest very large firms are refocusing on highly profitable practice area to maintain high PEP figures (page 16)

2009
Victorian Bar

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

Australian study – if you pay criminal legal aid lawyers less, the amount of work they take on reduces (page 3).

2008
Europe Economics

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

Survey of Legal Aid firms said that they were finding it difficult to recruit and retain staff (implying low income was to blame) page 23.

2009
Price Waterhouse Coopers

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

Australian study: fees to legal aid practitioners fell in real terms, and so did the number of legal aid practitioners overall, and those who specialise in it (page 5).

2009
The Bar Council and The Criminal Bar Association

BEST VALUE TENDERING FOR CDS CONTRACTS 2010 – THE LEGAL SERVICES COMMISSION CONSULTATION PAPER

Bar’s response to Best Value Tendering. They like it. They think it’s price competitive tendering (page 3) and will impact on the delivery of the service (page 5).

2009
European Economics

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

CPS can replace external lawyers with its own staff – ly to save money (page 4).

2009
The Law Society

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

“Most licensed conveyancers work in solicitors offices and are regulated as solicitors.” (page 12)

2009
Advice Services Alliance

Quality and Access – A brief summary

Analysis of substitution in legal aid

2004
University of Westminster

Report on costs of legal aid in other countries

Summarises various providers of non-legal aid services (page 3) – legal advice centres, legal expense insurance etc

2004