Legal Regulators in England and Wales

In England and Wales, the legal profession is not a fused profession, which means the profession is divided into many different roles, including barristers, solicitors, and legal executives. The profession is therefore regulated and represented by several bodies that play distinct functions, including the Law Society, Solicitors Regulation Authority, Bar Standards Board, and Bar Council, Chartered Institute of Legal Executives, which are regulated by the Legal Services Board. Here is an explanation of the roles of these legal regulators:

Law Society

Established in 1825, the Law Society of England and Wales is the professional body that represents solicitors. Its main responsibilities include:

• Representation: The Law Society acts as a representative and advocacy organisation for solicitors, promoting their interests and protecting their professional independence. It engages with policymakers, government bodies, and other stakeholders to influence legal policy and legislation.

• Professional Support: The Law Society provides support and guidance to solicitors through various channels. It offers practice management advice, access to legal resources, and templates to assist with day-to-day practice. It also organises training programs, conferences, and networking events to facilitate professional development and collaboration.

• Practice Management: The Law Society assists solicitors with business development and practice management, offering resources and guidance to help them run successful firms.

• Specialist Accreditation: The Law Society runs various specialist accreditation schemes to recognise solicitors who have demonstrated expertise in specific areas of law.

Solicitors Regulation Authority (SRA)

Originally an arm of the Law Society, it was established by the Legal Services Act 2007 to act as the independent regulatory body overseeing solicitors and law firms in England and Wales. The key functions of the SRA include:

• Regulation and Licensing: The SRA sets and enforces the rules and regulations that solicitors and law firms must adhere to. It handles the registration and licensing of solicitors and firms, ensuring they meet the necessary criteria to practice.

• Professional Standards: The SRA sets the standards and principles of professional conduct through the SRA Standards and Regulations, including the Codes of Conduct for solicitors and firms. It monitors compliance and takes action against solicitors or firms that breach these standards.

• Education and Training: The SRA sets requirements for solicitors' education, training, and continuing professional development. It approves and accredits education and training providers, ensuring they meet the necessary standards. It is responsible for the implementation and supervision of the Solicitors Qualifying Examination (SQE).

• Consumer Protection: The SRA's primary objective is to protect the public interest. It handles complaints against solicitors and investigates allegations of professional misconduct or negligence. It has the authority to take disciplinary action and impose sanctions when necessary.

Bar Council

Established in 1894, the Bar Council, officially known as the General Council of the Bar, represents the interests of barristers in England and Wales. The key functions of the Bar Council include:

• Representation: The Bar Council acts as the representative body for barristers, advocating for their interests and promoting their professional standing. It engages with government bodies, policymakers, and other stakeholders to influence legal policy and legislation.

• Professional Development: The Bar Council offers support, resources, and training opportunities to barristers for their professional development. It organises events, conferences, and workshops to foster learning and collaboration among barristers and to enhance their skills.

• Support and Guidance: The Bar Council provides support and guidance to barristers, offering advice on practice management, professional conduct, and ethical matters. It also provides resources and information on career development, wellbeing, and diversity and inclusion.

• Policy and Advocacy: The Bar Council plays a role in shaping legal policy and legislation, representing the views and interests of barristers. It engages in discussions on legal reforms and works to ensure that the interests of barristers and the legal profession are taken into account.

• Relations with the Judiciary: The Bar Council maintains relations with the judiciary, facilitating dialogue and collaboration between barristers and the judiciary. It works to foster a strong and effective relationship that promotes justice and the rule of law.

Bar Standards Board (BSB)

In 2006, the Bar Council decided to separate its regulatory functions by establishing the BSB as the independent regulatory body for barristers in England and Wales. The main responsibilities of the BSB include:

• Regulation: The BSB sets and maintains the standards of professional conduct and practice for barristers. It ensures that barristers meet the required standards of competence, ethics, and integrity.

• Education and Training: The BSB sets the education and training requirements for individuals aspiring to become barristers. It accredits and monitors the Bar Training Course (BTC), which is a compulsory training programme for barristers.

• Professional Standards: The BSB maintains and upholds professional standards for barristers. It plays a major role in developing rules and regulations to govern the profession, ensuring high standards of competence and integrity. It sets the Code of Conduct for barristers, outlining their professional obligations and ethical duties.

• Complaints and Disciplinary Proceedings: The BSB handles complaints against barristers and conducts disciplinary proceedings when there are allegations of professional misconduct. It has the authority to investigate, take action, and impose sanctions.

Chartered Institute of Legal Executives (CILEX)

Established in 1892, the CILEX is a professional body and qualification-granting organisation in England and Wales. It provides an alternative pathway to becoming a legal professional, offering qualifications for Legal Executives, who are legal professionals trained in specific areas of law. The main responsibilities of the CILEX include:

• Qualifications and Training: CILEX offers a range of qualifications at different levels, starting from Level 3 (equivalent to A-level) up to Level 7 (equivalent to Master's degree). These qualifications cover various legal areas, such as law, legal practice, and legal services. Students can study part-time or full-time, allowing flexibility in their learning journey.

• Legal Executive Profession: Legal Executives are legal professionals who specialise in specific legal fields and have similar responsibilities to solicitors. They can practise law, provide legal advice, and represent clients in certain legal matters. Legal Executives often work in law firms, government organisations, corporations, or other legal settings.

• Chartered Status: CILEX also grants chartered status to its members who meet certain criteria, demonstrating their expertise and commitment to the legal profession. Chartered Legal Executives enjoy similar professional status to solicitors, and some may progress to become partners in law firms or hold senior positions in legal departments.

• Professional Standards: CILEX ensures that its members adhere to professional standards and ethical obligations, maintaining public trust and confidence in the legal profession. It sets its own CILEX Code of Conduct which applies to all CILEX members and practitioners.

• Membership and Support: CILEX offers membership to legal professionals, students, and other individuals with an interest in the legal sector. Membership provides access to resources, support networks, professional development opportunities, and career guidance.

• Professional Development: CILEX encourages its members to engage in continuous professional development (CPD) to enhance their skills, knowledge, and professional competence. It offers various CPD programs, events, and resources to support ongoing learning and career advancement.

Legal Services Board (LSB)

The LSB is an independent oversight regulator responsible for overseeing the regulation of legal services in England and Wales. It was established under the Legal Services Act 2007 and operates independently of the legal profession. The main responsibilities of the LSB include:

• Regulatory Oversight: The LSB oversees the regulatory bodies for legal services, monitoring their performance and ensuring they meet the regulatory objectives set out in the Legal Services Act. It ensures that regulators of legal services, such as the SRA, BSB, and CILEX, carry out their functions effectively and in the public interest.

• Consumer Protection: The main objective of the LSB is to protect and promote the interests of consumers of legal services. It aims to ensure that legal services are accessible, affordable, and of high quality. The LSB works to promote competition and innovation in the legal sector, which can lead to improved services and increased consumer choice.

• Rule-making and Policy Development: The LSB has the power to make rules and regulations that apply to the regulators of legal services. It develops policy recommendations to improve the regulation and provision of legal services. The LSB conducts research, consultations, and engagement with stakeholders to inform its policy development.

• Performance Assessment and Monitoring: The LSB assesses and monitors the performance of the regulators of legal services against their regulatory objectives. It conducts periodic reviews and evaluations to ensure that the regulators are fulfilling their obligations and delivering effective regulation.

In conclusion, the legal profession in England and Wales is regulated by several key bodies, each with its specific roles and responsibilities. The Law Society and the Bar Council primarily represent solicitors and barristers respectively, while the SRA and the BSB are independent regulatory bodies responsible for setting and enforcing standards of professional conduct and practice for solicitors and barristers, respectively. The CILEX provides an alternative route for individuals interested in pursuing a legal career, particularly for those who prefer a more flexible and practical approach to legal education. The LSB plays a crucial role in ensuring that legal services are regulated effectively, promoting consumer protection, and maintaining public confidence in the legal profession.