Organisation Description Year
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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