Organisation Description Year
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
Mayor of London

Into the Labyrinth: legal advice for asylum seekers in London

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

2005
Centre for Crime and Justice Studies

CDS Direct: Flying in the face of the evidence

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).

2008
Legal Services Policy Institute

After Clementi – The impending legal landscape

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

2006
Law & Society Review

Doing business: the management of uncertainty in lawyers’ work

In the commercial legal sector, bankers will also be involved in matters that lawyers are involved in (page 50 and 57).

2001
Nottingham University Business School

Fees for Family Barristers: A statistical Analysis

Briefly covers work done by solicitors versus work done by counsel (page 7)

2007
Department for Constitutional Affairs

A market analysis of legal aided services provided by barristers

Increased use of solicitor advocates (2,185 in March 2004, compared with11,248 self-employed barristers in December 2003.

2004
Legal Services Institute

The regulation of legal services: what is the case for reservation?

covers banks offering will writing services (page 40).

2011
The Law Society

An investigation into the membership of the Children Panel

Legal advisers under the Children’s Act can be either solicitors or legal executives (page 1).

2005
Solicitors Journal

Worth fighting for

CPS employees versus the employed bar – what is the best balance of employment? (page 12).

2010
BMG Research / Skills for Justice

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

Entire report implies that solicitors and barristers are not the only providers of legal services (pervasive)

2009
The Institute of Trade Mark Attorneys

Trade marks: a career in trade marks

(Implicit) trade mark attorneys as an alternative to solicitors (page 3)

2010
The Law Society

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

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.

2002
Legal Services Commission

Final Impact Assessment of Family Legal Aid Funding from 2010 – A Consultation Response

A market study undertaken by Ernst & Young reported that:
Solicitors tend to instruct many different barristers. For instance, 49% of solicitors

2009
Bar Standards Board

THE FUTURE OF THE BAR – The Crown Prosecution Service

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

2010
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
Legal Services Research Centre

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

In Japan, staff attorneys were bought in to deal with both civil and criminal matters (page 2) – traditional legal professions not happy.

2010
Cardiff University

Lawyer Specialisation – Managing the Professional Paradox

Analysis of the difference in quality between generalists and specialists

2008
Commerce & Industry Group

A fine line: further guidance to in-house lawyers in England and Wales on ensuring good corporate governance in your organisation

In relation to in-house positions, in-house lawyers do not have a monopoly on company secretarial positions (page 5)

2006
Journal of Information, Law and Technology

A stages of growth model for knowledge management technology in law firms – Petter Gottschalk

Report suggests that the internet and other service providers are beginning to erode law firm margins (page 3).

2002
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
ACCA

Providing human resources / employment advice to SMEs: the role of SMPs

Reports summarises what services accountants can offer (page 9).

2010
Bar Council

Table of Licensees (information about those organisations with licensed access to Barristers)

Table of Licensees
(information about those organisations with licensed access to Barristers)

2010
Bar Council

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

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

2010
Department for Constitutional Affairs

Second survey of solicitors on their use of barristers Frontier Economics

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).

2005
ACCA

Intermediation of intellectual property awareness

SMEs used a wide range of advisors for IP issues (page 10)

2009
Kings College London

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

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

2008
Legal Ethics

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

Solicitors for legal executives (page 135)

2007
Business and Economic History

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

Licensed conveyancers moving beyond conveyancing work into other related areas (i.e. probate) – page 799.

1997
Ministry of Justice

Legal Services Bill – Full Regulatory Impact Assessment

Solicitors with higher rights of audience (page 4). Also legal execs, NFP sector etc (page 5).

2007
Ministry of Justice

Twelve months later: does advice help? The impact of debt advice – advice agency clients study – Kim Williams and Anna Sansom

LSC was switching from using solicitors to using the NFP sector in relation to debt advice (page 5).

2007
Legal Services Research Centre

Health professions as rights advisors: rights advice and primary healthcare services – P Pleasence, NJ Balmer and A Buck

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.

2007
Legal Services Research Centre

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

NFP providers are increasingly replacing law firms as providers of legal aid advice (page 2).

2001
Bar Standards Board

Perceptions of barristersResearch study conducted for the Bar Standards Board by IPSOS MORINovember 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
Moulton Hall Market Research

Referral arrangement and legal services research report

Non-solicitors used by PI firms discussed (page 15).

2007
Journal of Information, Law and Technology

Law firm clients as drivers of law firm change

Suggests that arbitrators, accountancy firms, consultants are “chipping into law’s traditional bailiwick” (page 8).

2002
International Financial Services London

Legal Services 2011

Number of global government and CPS lawyers increasing (page 11).

2011
Bar Council

Access to justice: barristers working in the public interest

Procurement changes mean that more work is being handled in-house by the CPS, and less by the private practice bar (page 1)

2009
Frontier Economics

The Price of Justice – Government procurement of legal aid services

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

2004