CPS can replace external lawyers with its own staff – ly to save money (page 4).
“Most licensed conveyancers work in solicitors offices and are regulated as solicitors.” (page 12)
A market study undertaken by Ernst & Young reported that:
Solicitors tend to instruct many different barristers. For instance, 49% of solicitors
Importance of quality assurance in the decision to utilise in house advocates – page 2
Benefits of using in house advocates include the improvement that advocacy experience brings to the other tasks such as charging, not to mention our ability to recruit the best to CPS as well as financial benefits. However delivery of advocacy services will continue to be done by a mix of in house and self employed advocates.
Pages 2 & 3
Analysis of substitution in legal aid
Summarises various providers of non-legal aid services (page 3) – legal advice centres, legal expense insurance etc
In Japan, staff attorneys were bought in to deal with both civil and criminal matters (page 2) – traditional legal professions not happy.
Analysis of the difference in quality between generalists and specialists
In relation to in-house positions, in-house lawyers do not have a monopoly on company secretarial positions (page 5)
Asylum advice in London offered by: solicitors funded through the LSC or working privately for a commercial fee; barristers funded through the LSC or privately; voluntary immigration advisers, funded by LSC or by grants; not-for-profit immigration advisers who work at a non-specialist level who get their funding through a variety of sources and must be authorised to practice by the OISC; immigration advisers who charge clients and must be regulated by the OISC
In relation to police work, solicitors are often substituted for other employees – clerks, trainees etc (page 11). On the CDS side, report asserts that most advice will be provided by representatives not solicitors (page 32).
Breakdown of reserved, unreserved, and regulated, unregulated activities.
Unregulated services can be provided by both regulated (lawyers) and unregulated providers. The lawyers will still have to comply with the regulation applicable to their status as lawyers. There is to be no relaxation in relation to unregulated services provided by lawyers, and the LSB will have to satisfy itself that all front line regulators require at least minimum standards to be met. The unregulated providers on the other hand, will have no regulatory hurdles or costs – not even the regulatory standards. page 4
In the commercial legal sector, bankers will also be involved in matters that lawyers are involved in (page 50 and 57).
Briefly covers work done by solicitors versus work done by counsel (page 7)
Increased use of solicitor advocates (2,185 in March 2004, compared with11,248 self-employed barristers in December 2003.
covers banks offering will writing services (page 40).
Legal advisers under the Children’s Act can be either solicitors or legal executives (page 1).
CPS employees versus the employed bar – what is the best balance of employment? (page 12).
Entire report implies that solicitors and barristers are not the only providers of legal services (pervasive)
(Implicit) trade mark attorneys as an alternative to solicitors (page 3)
Following CFAs, case workers take on simple PI cases, then pass them onto solicitors for a fee. Such firms tended to use insurance people not lawyers (page xviii). Post Woolf, use of barristers seems to be down (page 52). Some explanations outlined (page 53). Further brief discussion on use of counsel (page 207) versus solicitors.
Suggests that arbitrators, accountancy firms, consultants are “chipping into law’s traditional bailiwick” (page 8).
Number of global government and CPS lawyers increasing (page 11).
Procurement changes mean that more work is being handled in-house by the CPS, and less by the private practice bar (page 1)
Suppliers may react to fixed-price systems not merely by over- or under-supplying but by varying the quality of the service. They may cut costs and therefore increase margins by using less experienced staff. Self-evidently, not all “hours of advice” are the same in terms of the quality of service delivered. – Page 3
Report suggests that the internet and other service providers are beginning to erode law firm margins (page 3).
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.
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
Reports summarises what services accountants can offer (page 9).
Table of Licensees
(information about those organisations with licensed access to Barristers)
Reports that the Winmark Report – The Legal World on its Future (July 2010) found that there had been a 48% increase in the use of the self-employed Bar by in house counsel. Page 11
Comments that the extremely rapid growth of in-house advocacy on the part of the CPS to the immediate loss of the self-employed Bar has been a caused concerns. This is not just because it has taken work away from Chambers but because it has also resulted in a flow of barristers leaving private practice to seek the security of employment in the Civil Service and has caused a dearth of work for young barristers in Chambers to cut their teeth upon. In some Circuits feelings have run so high as to lead to the exclusion of employed barristers from the Circuit. Page 17
This is unlikely to happen again in the future because the Bar & CPS are negotiating a deal on work allocation, the bar provide a more economic option than in house during times of austerity, and the CPs have been criticised on quality. Secondly, allowing barristers to be in employment and self employment at the same time means the distinction becomes less fixed. Thirdly the opportunity for LDPs means more barrister working in in employment within legal practices, and finally many employed barristers do not compete for work with self employed Bar, acting as general counsel as opposed to advocates. Pages 17-18
Table shows why solicitors use barristers – broken down by reason for instruction (page 19). More details on page 20. Use of solicitor advocates as an alternative to barristers not widespread (page 39).
SMEs used a wide range of advisors for IP issues (page 10)
Three quarters of family barristers spend more than 75% of their time undertaking family work – page xvi
Family barristers have highest taxable profits in larger sets of chambers, with median taxable profits of about
Solicitors for legal executives (page 135)
Licensed conveyancers moving beyond conveyancing work into other related areas (i.e. probate) – page 799.
Solicitors with higher rights of audience (page 4). Also legal execs, NFP sector etc (page 5).
LSC was switching from using solicitors to using the NFP sector in relation to debt advice (page 5).
Some health professional seem to offer advice (page 7). Data from northern Ireland suggests people seek advice from health professions for 16 per cent of problems.
NFP providers are increasingly replacing law firms as providers of legal aid advice (page 2).
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.
Non-solicitors used by PI firms discussed (page 15).