Organisation Description Year
Ministry of Justice

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

Damages based contingency fees not allowed in litigation – only in relation tribunals etc (page 3)

2009
Legal Services Policy Institute

If ABSs are the answer what is the question?

Lawyers’ reluctance for change

2010
Lord Chancellor's department

The Central London County Court pilot mediation scheme

Mediation isn’t widely used because clients accept it – typical take up is 5% of cases, despite attempts to stimulate demand (page 1).

1998
Law Consultancy network

Survey indicates 34% increase in merger activity

Among small firms, the larger of these small firms were more likely to consider merging (page 2).

2010
Ministry of Justice

The market for “BTE” legal expenses insurance

covers EU directive, which requires legal expense insurance to the managed separately other insurance policies (page 11).

2007
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)
Legal aid solicitors were also found to have undertaken work in: business and commercial affairs, commercial property, consumer problems, employment, housing, personal bankruptcy probate, conveyancing, welfare benefits, and personal injury. Unsurprisingly, the only areas in which legal aid practitioners were more likely than non-legal aid practitioners to describe themselves as specialists were crime and family law. Similar proportions of legal aid and non legal aid solicitors classed themselves as specialists in personal injury, probate, personal bankruptcy housing and employment. However, legal aid solicitors were less likely than non-legal aid solicitors to class themselves as specialists in the following areas: conveyancing; commercial property and business and commercial affairs.
Page 16

2008
Business and Economic History

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

Short summary of key dates of deregulation of various aspects of the legal services market (page 795)

1997
Department for Constitutional Affairs

Second survey of solicitors on their use of barristers Frontier Economics

Solicitors lack of audience rights may mean they are unable to represent clients in certain situations (page 9).

2005
Law Consultancy network

Merger activity doubles in last six months

Some firms want to merge

2011
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

One reason why LEI may be popular in Germany – (at the time this article was written) lawyers had fee scales, and also a monopoly on legal services. Charges were therefore predicable, and also there was no where else that consumers could turn to for legal advice apart from law firms (page 13 – 14).

2003
Legal Services Policy Institute

Civil Legal Aid: Squaring the (vicious) circle

Some discussion of the underlying challenges of reducing fragmentation

2010
Intellectual Property Regulation Board

Register of Trade Mark Attorneys

Page 2 – sets out the eligibility to be a trade mark attorney.

2013
Advice Services Alliance

Quality and Access – A brief summary

Specialisation discussion

2004
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.

Regulatory prohibitions on certain fee arrangements – i.e. contingency fees.

2008
Legal Services Board

Referral fees – access to justice or road to hell?

Summary of regulatory restrictions on referral fees (page 4-5).

2010
Legal Advice Sector Partnership Steering Group

Advice forward: developing skills for the future

Relatively different movement of workforce between different types of legal service providers (page 31).

2006
Frontier Economics

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

Survey of 303 legal aid solicitors firms reports that:
Product and geographic market definition both involve two central concepts:
a. Demand-side substitutability: Measured by the extent to which customers would be willing to switch between products (or between the same product from different locations) in response to a change in relative prices.
b. Supply-side substitutability: Measured by the extent to which suppliers would be willing to switch between the products they offer (or the locations in which they offer products) in response to a change in relative prices.
Page 15

It appears likely that there are distinct economic markets for legal services concerning criminal versus civil law, where civil law includes family law. It is less clear whether there are distinct markets within civil law, although this may be the case for the areas of law requiring specialist skills, such as Mental Health and Clinical Negligence.

The survey gave information on the ability of individual solicitors

2003
Legal Ethics

Legal ethics, moral agency and professional autonomy: the unbearable ethics of being (a Legal Executive)? – Andrew Francis

Report that legal execs regard themselves has being like solicitors, but aren’t allowed to be partners at law firms (page 133).

2007
The Law Society

An investigation into the membership of the Children Panel

Three years’ PQE minimum before lawyers can apply to join the Children’s panel (page 39). Many people think that requirement is not always needed (page 41).

2005
Bar Council

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

Report suggests that Bar has responded to reductions in legal aid funding of criminal work in a number of ways: (i) chambers diversifying out of crime work, encouraging new tenants to undertake civil and commercial work, and with chambers increasing the proportion of civil and non publically funded work undertaken. (ii) Decline in number of pupilages offered. (iii) Cost reduction using IT and downsizing physical space. Some criminal sets out of London have cost structures whereby only 10-17% of overall Chambers

2010
American Bar Association

Suggested Minimum Requirements for Law Firms Delivering Legal Services Online

Useful insight about barriers to service delivery barriers.

2009
Moulton Hall Market Research

Referral arrangement and legal services research report

Cash flow in relation taking on referral-based work (page 34).

2007
Office of Fair Trading

Competition in professions -progress statement

Report summarises Law Society rules that were potentially anti-competitive (page 12), and what the Law Society was doing to address them (page 12 – 13). Anti-competitive bar rules were then listed (page 13), together with the Bar’s response to their proposed removal (page 13 – 17). Highlights existing restrictions on competition on both conveyancing and probate services (page 19).

2002
Bar Council

ProcureCo – guidance notes and model documents

Various rules which limit what barristers can and can’t do – i.e. take witness statements (pages 11 onwards).

2010