Editor's blog | A more even playing field
The consumerist agenda could be just what law firms need to take on the new entrants
The consumer panel's work programme for next season endeavours to reconcile two seemingly opposite objectives: on the one hand, encourage the uptake of online legal services by ensuring that the growing number of individuals turning to DIY law are given adequate assistance and protection - including litigants in person - and, on the other, restore confidence in the legal profession.
Every year the champion of consumer interests has been publishing a tracker survey reporting on the use of legal services. Last year's revealed that more than half of services described as 'legal' were not delivered face-to-face, prompting its chair, Elisabeth Davies, to say that "new and online technologies are well and truly taking hold". According to former chair of the Wandsworth Citizens Advice Bureau: "DIY tools such as automated will-writing and tenancy agreement documents offer an affordable option for consumers that they clearly want".
There are also references to the Legal Services Board's research that nearly a quarter of legal needs are handled alone without assistance from a lawyer.
So this latest work programme is obviously predicated on the basis that consumers will continue to turn to online first - rather than law firms - for their legal needs.
Few lawyers will wholeheartedly support the push for the spread of these DIY tools - for various reasons. But as it calls for new consumer metrics, such as 'choice tools' or clearer measurements for the efficiency of accreditation schemes, the consumer watchdog could become the lawyer's best friend.
It promises, for instance, to continue pushing for the regulation of will-writing. But it is not only specific activities that the panel wants to be regulated; it is, more generally, the channels through which legal advice is delivered. This approach, Davies, says, should help tackle risks associated with online services, such as unclear pricing and the manipulation of consumer choice.
There are already several steps that should help even out the playing field between ready-made services and tailored advice. Later this year the legal ombudsman's jurisdiction is set to be extended to hear complaints against claims management companies. The panel is also keen for LeO to "switch on" its voluntary scheme, which will allow non-traditional legal services providers to bring themselves within its reach.
You may feel differently about the possibility of third parties complaining about solicitors, but altogether the picture which is emerging is one that places consumers at the centre. If this sounds too consumerist, just substitute the word 'client' and this agenda will have a more familiar ring to it, in line with what law firms have been preaching. So if you haven't already put clients at the heart of everything you do, now is your chance. Not only will it naturally help restore trust in the profession, it will also put your firm in a much better position when lawyer comparison websites become a reality.