The master of the rolls has recommended that a single body should be responsible for hearing appeals brought by lawyers or legal businesses found to have breached licensing and ownership rules. Lord Neuberger said it is essential that common standards are applicable across the profession.
Lord Neuberger was responding to the Legal Services Board’s consultation on approaches to licensing alternative business structures. He stressed the need for a ‘coherent and consistent’ approach to regulatory and disciplinary matters, given the likelihood of substantial changes to the nature of legal practice.
‘It would seem to be contrary to the public interest for professionals from different branches of the profession, and for professionals and ABSs, to be subject to different appeal structures and procedures and differing jurisprudence,’ he said.
He added that the potential for different decisions arising from the same facts should be avoided – for instance where a solicitor is found guilty on a disciplinary matter, but the ABS as an entity is not found to have committed any breach.
The Tribunals Service has agreed in principle it could undertake the role of final appellate tribunal for the legal profession. Lord Neuberger suggested this would merit a separate consultation.
No comments yet