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Avrom Sherr

scherzo Avrom Sherr

From Self-Regulation,through ACLEC,to rule by statutory uberregulator and regulator

• Proof that this approach is a better regulator of professions, and their education? For whom?

• Was the real intent of the LSA the need to emasculate the professions in order to cut legal aid?

• The regulators are bound by an approach which is flawed- a belief in competition as the only way forward to change the legal services market.

• Governmental changes to legal services have totally undermined any attempt to provide legal services to those without funds

• This Outcomes Focussed Regulation has been produced devoid of context as an ideal. It is a chimera, existing only in the imagination and is not possible in reality.

1974 to 2014• March 1974 - Solicitor• Conduct Code consisted of Rules I could

obey…and teach• Anxious to belong and get it right• Proud to be a Member of the Law Society• Looked to the Law Society to speak for me

and clients• Joined committees-elected bodies• Helped to mould my profession• Interested in values, ethics and

performance on behalf of clients and society

• Personal relationship with my Professional body

• Performance of a public service

• 2014 - obedience to SRA by entities.• This Outcomes Focussed Regulation -

unworkable, unteachable, and not ffp• No sense of pride or belonging• Who was the Law Society Prof. body?• SRA has no history, internal culture or

values other than the Legal Services Act• SRA Board etc. Unelected, Appointed by

Law Society Council, but constantly at odds with it.

• SRA -In theory on behalf of society or clients. In practice trammelled by the LSA , The Legal Services Board and its values of “the market” devoid of altruism

• Event (code breach) * Impact * Evidence * Credibility= Risk- >25 = Intervention

• The “science” of regulation

Principles

Indicative Behaviours Guidance

Outcomes

Solicitors Regulation Authority Outcomes-Focused Approach

Results of being only a rep body

• Constant fights with the SRA and the LSB• Nobody listens to the rep body-”they would say that, wouldn’t

they”.• Trouble with exerting power generally, no position to provide

positive work on draft bills etc.• Continuing purpose other than “trade union”?• Ability to carry out research? Possibilities of publishing?• Independence, Integrity, Public interest?• Altruism sacrificed to self-interest and a market orientation• Entity regulation and loss of the individual solicitor connection,

sense of honour, pride, moral-ethical code, altruism.

This affects education, how?

• No history, context, connection, culture of professionalism. LSA Words vs. real life actions?

• This Unteachable, unpoliceable conduct code.• No sense of purpose other than business/ money/

commerce. Altruism gone.• No real buy in of professionals still appointing trainees

on cultural capital/ habitus bases.• No Regulators’ links with teachers of law. The silence of

the lambs.• Babies and bathwater?