Landmark Day or Ethical Compromise?

(Posted on 06/10/11)

"Shopping for a solicitor" has suddenly taken on new meaning, courtesy of a new law in England and Wales, titled the Legal Services Act. But are there too many ethical compromises or is just as Justice Minister Jonathan Djanogly said, "It's a landmark day for the legal industry"?

There's a certain appealing convenience with being able to secure legal representation. This new and easier access should prove to be a bit more efficient and solicitors are saying it certainly ups the competition factor. The "trading bodies", which are known as Alternative Business Structures, will allow lawyers more leeway in what they offer and how they offer potential clients. They can combine their legal services, with say, accounting services or any other combination.

Legal analysts in the UK are saying the first sectors likely to enter these new avenues will be those solicitors who focus on land deals, property law and probate issues.

Would you seek legal services while shopping for tonight's dinner? It's an interesting dynamic and many in the U.S. are now calling it the "Wal Mart Effect", referring to the massive retail giant that offers American consumers everything from coffins to coffee. Justice Minister Jonathan Djanogly also said, "Our legal services are already rated among the best in the world, used by millions of people around the globe as well as the UK..." Indeed, this new law certainly opens new avenues for clients looking for legal representation but who are unsure of what their first best step might be. The versatility offered through these channels might also result in more transparency in terms of fee structures, referrals and even a solicitor's specialties.

But there remain a fair number of skeptics.

One consumer, referring to a supermarket's perspective, said "We'll see how they get on when their Professional Indemnity insurance goes sky high owing to the number of claims." Another voiced his own interesting take:

"Tesco Legal, can I help you?"
"Yeah, I'm currently trying to have my sentence for shoplifting reduced on appeal, and I could do with some legal advice"
"Where did you shoplift?"
"From you."
Conflict of interest much?

You have to admit, it's a valid point.