The Legal Services Board’s (LSB) decision not to approve the Council for Licensed Conveyancers’ (CLC) application to regulate both litigation and advocacy services must have been very disappointing but they remain upbeat about future approval.
While the LSB have rejected the current application they have given CLC some positive feedback as to how a future application could gain approval. The application was refused because of an issue with statutory power to regulate litigation and advocacy services and also because CLC were not able to demonstrate a satisfactorily detailed risk analysis for the new activities.
In response to the news today Anna Bradley, CLC Council Chair, commented:
“This decision not to grant our application is of course a disappointment, but the LSB’s willingness to work with us to address the issues they have identified is very welcome and gives us comfort that we will be granted approval in due course.
Whilst we believe it has always been the intention of Parliament to permit such an extension of scope, we acknowledge that amendment of the legislation will provide clarity on this point.
We look forward to working with the LSB and MoJ to ensure the necessary amendments are made as quickly as parliamentary time will allow.
As this legislative change is going through, we will also be able to work with the LSB to refine and develop our application and demonstrate that we have an appropriate understanding of the risks of regulating litigation and advocacy.
We look forward to a successful outcome during 2013”.
Though the application was not successful the CLC did win the support of both the Office of Fair Trading and the Legal Services Consumer Panel, as mandatory consultees.
Ms Bradley added:
“During 2012 we will continue to set in place the licensing and regulatory arrangements required to fulfil this new role.
These will include changes to our continuing professional development, supervision and monitoring arrangements. The changes will apply equally to those practices providing conveyancing and probate services”.
The news will obviously come as a huge blow to those firms who have been considering converting from the SRA to the CLC. Is your firm affected by this decision?
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