With scrutiny of the profession and how it serves the public high on the political agenda, plans are under consideration to separate the two entirely, establishing the regulator’s independent status. Treasury proposals are destined to open up the legal market , save cost and increase affordable access to justice
From the perspective of the SRA’s CEO, Paul Philip, the move is long overdue. The SRA regulates over 170,000 solicitors and 10,000 firms but is still part of the Law Society of England and Wales.
For Mr Philip, there is a conflict between the roles carried out by the profession’s representative and its regulator, which must be addressed.
He tells PoliticsHome: “There is a fundamental conflict between representing the interest of solicitors and those of the public. Independent polling shows that the public certainly understand that.Therefore you have to separate these roles out.”
“High standards are key – standards of training, entry into the profession and practice. If solicitors set their own standards, it is essentially marking their own homework. We think in order to bolster public credibility the people who set the standards have to be independent of the representative body and be independent of Government. Setting standards is the role of the regulator.
“Most people taking legal advice from a solicitor don’t know much about the law and are relying on them doing the right thing. That being the case, it is right that those setting and monitoring standards are independent and focused on the interests of the public, not the welfare of solicitors.”
This focus on serving and being accountable to the public has led the SRA to request parliamentary scrutiny at the hands of the Commons' Justice Select Committee.
Mr Philip explains: “We think that we should be accountable to the public through parliament, not accountable to an organisation that represents and lobbies on behalf of solicitors.
“We have written to the select committee asking if we could become accountable to parliament through that route"
For the SRA CEO, the priority is to protect the public and to grow and develop an open and competitive legal market that meets consumers needs and makes a strong contribution to the economy. Mr Philip says: “Our board has seven practising solicitors from big and small firms up and down the country, but it has a lay majority and it has got a lay chair. That is symbolic of the fact that you have to look to the public interest.
“But at the same time you have to work with the profession, which is why we travel across the country to meet with them week in, week out. That means we hear what is happening and can tap into the expertise out there."
Mr Philip thinks that the proposed changes would serve the profession by boosting public confidence in solicitors. He also believe it could free the Law Society to focus solely on providing effective representation. But in that process, inevitably there will be challenges and questions for the Law Society to confront.
He says: “Solicitors currently don’t have the choice of whether to contribute to the funding of the Law Society or not. Whereas when you look at the British Medical Association - doctors have a choice over whether or not they join. Solicitors don’t have that choice; it is a mandatory tax whether the Law Society speak for you or not, just like trade unions used to be. The model is outdated so this is one area in which I’m sure we'll see change.”
The idea of this as a moment to look to the future and not the past is central to the SRA's approach. With that in mind, the regulator is looking forward at how to strengthen entry requirements. The SRA is proposing introducing a single assessment - the Solicitors Qualifying Examination - that all would-be solicitors will have to pass. This would ensure all aspiring solicitors meet the same high-quality standards.
Explaining why this is needed, Mr Philip said: "Currently, there is no way of knowing if all solicitors meet the same standards of competence. Instead we have 2,000 organisations make their own assessment about a trainee's skill and knowledge.
"And against what criteria are they making those decisions? The answer is 'who knows?'. This is an historic anomaly that risks failing the profession, trainees, clients and the public."
The SRA also envisage the changes removing barriers to entry into the profession.
Mr Philip adds: “This fits with the social mobility agenda, particularly in relation to our education reforms where we are looking at alternative routes of entry into the profession - including apprenticeships and other 'earn and learn' options. The key point is that everyone has to meet high – graduate level – standards regardless of route."
Concluding on an optimistic note, Mr Philip reflects on what the SRA has achieved and its potential with a greater level of independence: “Last year we compensated people who suffered at the hands of dishonest or incompetent solicitors to the tune of £18m. We think that is something to be proud of and it is important that the public know there is that safety net in place.
"An independent SRA would have real public confidence and the changes would modernise how the profession is represented too. And of course the legal sector has a strong international reputation, which would be further bolstered by independent regulation.
"We are looking forward to working with government and others to take this opportunity to establish regulation fit for the future."