Organisation Description Year
RBB Economics

ECONOMIC IMPACT OF REGULATION IN LIBERAL PROFESSIONS A Critique of the IHS Report

A detailed critique of the IHS overall approach to quantifying regulation. This challenges the IHS methodology in terms of the statistical approach used, and the assumptions made around turnover and productivity because of a lack of objective data.

2003
IHS Vienna

Summary of the comparative legal and economic study into the EU conveyancing services market

Thsi report quantifies legal regulation through indexes:

-       Market Entry Regulation Index – covers regulations with regard to licensing  and reservation (number of exclusive tasks) of certain activities, requirements in education (such as length of education, number of professional exams etc) , and quotas on entry.

-       Market Conduct Regulation Index – covers regulations on prices, advertising, locations, business forms, and cooperation.

-       Mandatory Intervention Index

To actually build these indices they score elements and weight the results. The regulation indices are constructed by considering the regulations that hold with regard to a number of categories to do with entry into the profession and conduct within the profession. Each index has a range of “0” (no regulation) to “6” (highest degree of regulation). They produce an overall regulatory index by constructing a weighted sum of the scores, with the weights reflecting a judgement regarding the relative importance of each category of regulation.

2007
SEO Economics

Regulation of the legal profession and access to law

Summary of european wide investigation into access and regulation.

2008
Legal Services Policy Institute

External ownership and investment – issues and challenges

covers that will writing is not a reserved activity, but solicitors aren’t allowed to run it as such as a separate activity – they must comply with regulations that their competitors (page 19).

2008
Legal Services Board

Diversity in the legal profession: a qualitative study of barriers and individual choices

Discussion on the costs to qualification – especially its impact on would-be BME lawyers (page 65 – 66).

2010
Ministry of Justice

Legal Services Bill – Full Regulatory Impact Assessment

Estimates for regulatory costs (page 26 – 27). More costs – complaints (page 48). More on costs of LSB / OLC (page 66 – 67).

2007
Office of Fair Trading

Competition in professions

Estimations of costs of regulatory regime as percentage increase in prices (page 27/53).

2001
Ministry of Justice

Summary: training and regulating providers of publicly funded legal advice – a case study of civil provision

Highly trained advisors can raise the cost of (advice) provision and reduce access (page 1). Economists justify training and regulation as ways of reducing problem of information asymmetry (page 4). Debate over whether costs are proportionate to benefit obtained (page 7). Points out that the for-profit sector is subject to higher training obligations that the NFP sector (page 7). Discussion about the admin costs of compliance with quality standards (page 25 – 26).

2009
The Law Society

A Firm Decision: The Recruitment of Trainee Solicitors

“Views regarding the overall balance of costs and benefits of trainees differed. The predominant view across firms of all sizes was that they were a net cost during the training period and that they were not profitable until after qualification.” (page 2).

2002
The Law Society

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

In relation to conveyancing: “In particular, solicitors now undertake additional compliance work in relation to HIP

2009
Tilburg University

Legal aid, accessible courts or legal information? Three access to justice strategies compared

Argues that courts aren’t very efficient – wants procedures simplified to improve this (not just hiring more judges) – page 12.

2010
The Law Society

Risk Management GuideApril 2009

Insurance premiums determined by – claims record, areas of law practiced, size of the firm, number and location of offices, supervision levels, fee income, excess, commitment to best practice and risk management, SRA reports, and professional disciplinary record – pages 1&2

2009
Bar Council

Entry to the bar working party – final report

Costs of entry to barristers profession summarised (page 16). BVC cost

2007
Solicitors Journal

Citizen power

It costs tens of millions to administer the legal aid budget with 5,000 providers (page 53).

2010
European Commission for the Efficiency of Justice (CEPEJ)

European Judicial Systems 2002

Court costs per head of population quite low in Auk, compared with other EU countries (page 23).

2002
Advice UK

Smart advice – intelligent thinking about advice services

Legal aid “bureaucracy” (page 1) – explained on page 2.

2010
Solicitors Journal

New foundations: coordinated solutions towards a new model

Court fees went up from

2010
Europe Economics

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

Legal aid admin costs represented 6% of budget in 2007/2008 (page 25).

2009
Legal Services Policy Institute

Towards a new regulatory structure for corporate and commercial legal services

Sole practitioners tend to cause problems, all private practice lawyers must resolve them via compensation fund (page 2).

2009
London School of Economics

Constitutional continuity: Jack Straw speech at the London School of Economics

Ministry of Justice cost

2009
The Law Society

An investigation into the membership of the Children Panel

Some people felt the accreditation costs to be on the children panel was too high (page12). Re-accreditation after 5 years (page 71).

2005
The Law Society

Review of the regulation of corporate legal work

New standard of governance, audit, risk management etc expected under LSA regime (page ii). Details of regulations that annoy corporate law firms (page 30 onwards) – client care, conflicts, lack of understanding of firms IT systems etc.

2009
Penn State University

European Commission Project Regarding Competition in Professional Services

Study covers the extent to which UK legal profession is regulated compared with other EU states – we’re quite low on the index of regulation (page 34 – 35).

2009
Advice Services Alliance

Regulating alternative business structures

NFP organisations may be subject to multiple regulatory oversights – FSA, OISC etc (page 2).

2009
Legal Services Commission

Quality assurance for advocates: Summary report of the QAA Equality and Diversity data survey and focus groups

Survey respondents wary of the cost of obtaining QAA scheme for advocates. (page 27).

2009
Association of British Insurers

ABI’s response to the Legal Services Consumer Panel Investigation into referral arrangements

Referral marketing costs for PI claims estimated to be 23-40% of base legal costs (page 4), compared with 18% for conveyancing.

2010
The Law Society

2009 Regulatory performance survey findings

Survey results: “Firms were mainly positive (over two-thirds agreeing) about the benefit to the profession of an effective SRA and the proportionality of visits in protecting the profession reputation, but were rather more equivocal about whether or not the SRA operates fairly in its contacts with firms (50% agreement). Over three-quarters of firms 78%) thought that the regulatory system places too great a burden on law firms.” (page 4). Then, on page 5- The costs of compliance were excessive for 37% of firms and reasonable for 26%.

2009
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

regulation should be focused on the underlying incentives and not the business structure. It makes more sense for the restrictions on the composition of management to be determined by the size of the LDP and the concentration of ownership rather than the business structure itself. Small firms could quite sensibly face different restrictions on management composition to large firms, with the former being grouped with partnerships. A decision to be more relaxed about management composition of large firms is also consistent with the analysis of misconduct according to firm size. The paper shows that misconduct and poor quality is heavily focused on small businesses.
Page 3

The higher the debt/equity ratio in a firm then the more attractive risky strategies are to the company, hence large LDPs or MDPs are far more likely to be at risk of slipping from the

2005
Legal Services Policy Institute

After Clementi – The impending legal landscape

The LSA will give rise to competition between regulators with practitioners assessing the relative merits burdens and cost of each regulator and decide which regulatory home is most suitable for thier practice. Page 2

2006
Community Legal Service Support

Employing a solicitor for the first time

If advice centres employ solicitors, then they have to take on compliance with lawyers code – suggests ring fencing solicitor as a separate entity to reduce regulatory costs (page 9).

2003
The Law Society

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

Regulatory changes (Woolf) require active case management systems (page xix).Not all costs are regulatory – some audit costs are imposed by third parties such as expense insurers (page 56). Entire report deals with litigation process – so costs of complying with Woolf is pervasive throughout the document.

2002
Co-Operative Society

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

The role of regulation is to support the profession in the provision of this service

2009
Legal Services Policy Institute

Training for the future: the professional preparation of lawyers for the commercial and regulatory environment after the Legal Services Act 2007

Report argues that many lawyers do not do reserved work, so therefore do not need to be trained to the level to perform such work (page 5) before being classed as a lawyer.

2009
Moulton Hall Market Research

Referral arrangement and legal services research report

Typical costs to firm who accept referral fees (page 28).

2007
Department for Constitutional Affairs

Quality in the legal services industry – a scoping study

Report suggests that the cost of quality mark accreditation may make it not worth bothering with for some firms (page 22).

2005
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.

Wants contingency fees introduces to remove the need for summary and ex post facto costs assessments etc (page 7).

2008
Ministry of Justice

Legal Services Bill – Supplement to Regulatory Impact Assessment

Report summarises the costs of running the LSB and complaint system

2007
University of Manchester - Institute for Law, Economy and Global Governance

Self-regulation

Short (16 page) conceptual report about self regulation – on the one hand, self-regulation means that monitoring and enforcement costs are reduced (because regulator is specialist). On to the other hand, regulators can prevent liberalisation of working practices.

1999