Author Archives: Stephen Mayson

The Grand Delusion revisited

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In 2012, I published a post about the ‘grand delusion’ that all is well in the land of law.  Earlier this week, an experience was shared with me that provided a vivid reminder of it.

Let me relay a story of a lady who wished to engage a firm of lawyers in December 2015.  She was enquiring on behalf of a group of people who wished to invest in freehold property, as well as set up a management company.  The value of the real estate involved would be about £3 million.  For most small and medium-sized law firms, the legal fees involved (and the prospect of continuing work) are probably not to be sniffed at. Continue reading →

The Future of Buying Legal Services

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Introduction

I’m not going to try here* to cover the waterfront, but rather offer a few observations and reflections on the turn of events that prompts us to be considering so seriously the process that leads to the delivery of legal advice and representation to clients.

Part of the challenge here, it seems to me, lies in the nature of the four principal factors or ‘moving parts’ that form the backdrop to procurement. These are: cost; price; value; and relationship. There are different types of legal services – ranging from highly bespoke and ‘bet-the-company’ issues to routine, standardised and commoditised offerings. And there are different types of procurement – ranging from personal engagement, through professional procurement and tender processes, to buying online with no human interaction at all.

What is clear is that not all types of procurement are appropriate to all types of services. The real issue, as I see it, lies in the potential disconnects among cost, price, value and relationship. There is an inevitable tension between short-term procurement wins and longer-term legal or relationship consequences. There are times or circumstances when cost-cutting just isn’t worth it. Continue reading →

Beyond the Legal Services Act

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At his appearance before the Justice Select Committee on 15 July, the Lord Chancellor indicated that there would be a review of the Legal Services Act 2007 during this Parliament.  It is therefore perhaps timely that, as part of the follow-up to the Ministerial summit called by his predecessor a year earlier, the regulators had already been working together on a number of issues that could improve the lot of both regulator and regulated, and contribute to any such review.

For present purposes, the most relevant of the work done is the exploration of legislative options for reforming the Act.  The Legal Services Board has now published the paper that results from cross-regulator discussions held between January and May, and which it was my privilege to chair.  The paper has already been shared with Ministers, and is intended to frame and inform further debate about reform of the Act.   Continue reading →