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Write a 12 page essay on To what extend does the legal profession in private practice provide the general public with an adequate and effective service in UK Critically consider whether the Legal Serv
Write a 12 page essay on To what extend does the legal profession in private practice provide the general public with an adequate and effective service in UK Critically consider whether the Legal Services Act 2007 has potential to improve the quality of service provided in UK.
It covers the broad spectrum of cases filed by and against private individuals and/or private corporations ranging from issues dealing with claims, family, probate, and the like. According to Smith (1990):
The greater part of the Bill implements the Government’s decision on two major policy initiatives on which it carried out some form of earlier consultation.
Part I is the culmination of the civil justice review process. Part II follows the publication of the Green and White Papers in, respectively, January and July 1989.
If such private practice is unregulated and left to the vagaries of the market, it leaves it susceptible to abuse. Unlike other commodities and services where the harmful effects of deregulation are minimal, and in some cases deregulation is actually better, the legal profession has to contend with the fact that ultimately, its aim is the dispensation of justice. It seeks to correct redresses committed against individuals and seek accountability from the wrongdoers. It plays an integral and important part in our justice system, and the justice system in turn plays an important part in the maintenance of social order and the promotion of human rights. Hence, the legal profession can in no wise be treated as simply a commodity or a service to be provided to those who can pay, without regulation or State intervention. In July 2003, Sir David Clementi was tasked to carry out a review of the regulatory framework of the legal services in England and Wales. The terms of reference were:
To recommend a framework which will be independent in representing the public and consumer interest, comprehensive, accountable, consistent, flexible, transparent, and no more restrictive or burdensome than is clearly justified.
Among his recommendations were the setting up of a Legal Services Board that has oversight powers to regulate front-line bodies like the Law Society and the Bar Council, the creation of an Office for Legal Complaints that