Council Meeting of 26th October 2023

Chair’s Report from Dame Janet Paraskeva

The Council met in informal, workshop mode in October to start the process of planning for 2024 and beyond by looking at how we can do more to drive out the benefits of specialist regulation and what the CLC can do to hasten the transformation of conveyancing in the interests of consumers and the public. I will have more to say on that following our first formal meeting of 2024 when we will sign off on those plans.

The latest formal meeting of the CLC’s governing Council, on 26^th October had a strong focus on reporting on the work of the CLC. Each meeting reviews key indicators of progress against the business plan and the standard-setting, monitoring and compliance, discipline and enforcement activities of the CLC. We also publish quarterly updates on key metrics. You can find the report on the third quarter of 2023 here.

Disciplinary Work

Council Members were able to discuss with the Chair of the Adjudication Panel her written report on the work of the independent Panel in 2022-23.

As Victoria writes in her report, it was ‘a very busy and effective year for the Panel, where the importance of upholding the professional standards set by the CLC has been paramount and underlined by the decisions reached by the Panel. The imposition of sanctions and costs has been significant, and has drawn attention from the profession generally, which is an important part of continuing to uphold and enforce standards.’

The decisions of the Panel are instructive, and I note that they attract attention when they are published in the CLC’s newsletter. The CLC published a report in July setting out the full compliance journey and we will update this in for the end of the year in our next Annual Report, which will be published in January.  

Consumer viewpoint

We also had a very useful session with former Council Member Teresa Perchard. Teresa is a consumer affairs expert and chairs the CLC’s Consumer Reference Group.

The CRG has met three times since it was established in Autumn 2022 as follows:

• On 4 November 2022 to discuss potential revisions to the Ethical Principles and CLC’s future strategy objectives.

• On 6 March 2023 to discuss potential revisions to the Code of Conduct in light of changes to the Ethical Principles. The group provided challenges to the CLC on the adequacy of obligations to protect consumers where a lawyer is acting for both sides. In addition to reviewing all aspects of the Code of Conduct it was suggested greater clarity was given to obligations to advise clients on fees/charges, learning from Ombudsman case decisions where this was a common problem.

• On 12 July 2023 to discuss the research on Quality Indicators and how CLC, and the other regulators might move forward to develop comparable information and choice tools for consumers and reviewed/discussed CLC’s revised Guidance for lawyers on Acting for Both Sides.

Teresa was appointed for an initial twelve-month period as chair. The Council was pleased to extend that appointment for two years given the value of the work that the CRG has done with her as Chair.

Complaints

Because of her consumer affairs background, Teresa is also the CLC’s representative on the Challenge and Advisory Group of the Office for Legal Complaints (OLC). This is a group that we urged the OLC to establish to assist in its work to reduce the backlog of complaints and improve its processes and, we hope, to reduce its costs.

Teresa provided Council with a helpful update on the insight into progress at the OLC that she has gained from that role. That insight will be helpful as we prepare a response to the OLC’s consultation on its new strategy and business plan. I expect that the representative bodies for Licensed Conveyancers and Licensed Probate Practitioners will also respond to that consultation, and I would recommend that anyone engaged in handling complaints from clients should consider taking part.

Monitoring progress

The governing Council of the CLC sets the strategic direction of the regulator, ensuring that the organisation meets the statutory Regulatory Objectives set out in the Legal Services Act 2007. 

(a) protecting and promoting the public interest;

(b) supporting the constitutional principle of the rule of law;

(c) improving access to justice;

(d) protecting and promoting the interests of consumers;

(e) promoting competition in the provision of services within subsection (2);

(f) encouraging an independent, strong, diverse and effective legal profession;

(g) increasing public understanding of the citizen’s legal rights and duties;

(h) promoting and maintaining adherence to the professional principles.

The Economic Crime and Corporate Transparency Act 2023 has recently introduced a new Regulatory Objective:

• promoting the prevention and detection of economic crime.

The Council provides assurance that the CLC is meeting those objectives by holding the executive to account for the organisation’s work and use of resources.  The Council’s formal quarterly meetings do that very effectively. The formal process is hugely supported by detailed weekly updates from the Chief Executive that not only report on the work of the CLC but also include horizon-scanning of developments in the legal sector, the practice of conveyancing and probate, and developments in the economy and housing market.

We will report on the work of the CLC in 2023 at our AGM that is planned for 1^st February 2024. Save the date and keep an eye out for more details soon.

ends