The Law of Legal Services

Written by a leading expert in the field with extensive first-hand experience of all of the legal issues that affect practice, and with specialist contributors, the result is an authoritative, wide-ranging and accessible work that provides real insights into the legal issues and current complexities of legal practice. It will help practitioners mitigate the increasing risks they face providing practical clarity as well as authoritative legal analysis.

This work covers:

  • Regulation
  • Lawyers’ legal duties
  • The business of law

It looks at important issues such as:

  • Business structures and barrister entity regulation
  • Misconduct and tribunals
  • Obligations to clients including contractual terms, fiduciary duties, negligence and the Ombudsman
  • Compliance including COLPs, COFAs and anti-money laundering
  • Indemnity insurance
  • Fees and costs
  • Protecting goodwill including restrictive covenants and electronic media
  • Financial stability issues

The Law of Legal Services will be a key reference work for all legal practices and will provide a ready answer to many legal issues that crop up in modern practice. It will also provide, for anyone involved in the management of legal practices, essential knowledge of the legal risks they face.

Readership: Lawyers concerned with the legal risks and conduct issues of practice. Managing partners of law firms. Barristers’ chambers. In house lawyers purchasing legal services. Compliance officers. Regulatory and disciplinary lawyers

Chapters

1. The Regulatory Framework
The current regulatory framework is deeply rooted. It has evolved alongside a legal profession in England and Wales … [read more]

2. Authorisation
This chapter considers how lawyers are authorised to practise … [read more]

3. Regulatory Codes and Compliance
In recent years, the Solicitors Regulation Authority (SRA) has sought to strip more detailed provisions out of its comparatively lengthy … [read more]

4. Misconduct
This chapter deals with misconduct by lawyers. It complements Chapter 3 which deals with regulatory codes and compliance, and Chapter 8 which deals with the fiduciary and other duties of lawyers derived from the general law … [read more]

5. Supervision, Investigation and Enforcement
This chapter deals with the powers of legal service regulators to supervise, investigate and sanction the providers of legal services … [read more]

6. Tribunals
This chapter deals with the disciplinary tribunals which operate for each of the branches of the legal profession … [read more]

7. The Client Contract
This chapter deals with the contractual relationship between lawyer and client. The contract is the legal basis for establishing what services a lawyer has agreed to provide … [read more]

8. Fiduciary and Other Duties
This chapter deals with the fiduciary duties of lawyers … [read more]

9. Lawyers’ Negligence
This chapter deals with a lawyer’s duty of skill and care, and with the principles of compensation which apply when clients suffer loss as a result of a lawyer’s breach of this duty in contract or tort … [read more]

10. Indemnity Insurance and Compensation Funds
Providers of regulated legal services are obliged to maintain professional indemnity insurance. Mandatory requirements are imposed by relevant regulators such as the SRA … [more]

11. Protection of Lawyers’ Goodwill
The providers of all professional services rely heavily on intangible rights such as goodwill to compete for clients and those providing legal services are no exception … [read more]

12. Lawyers’ Fees
This chapter deals with the various ways in which lawyers are remunerated by their clients. It does not, however, deal with the recovery of legal costs from opposing parties … [read more]

13. The Business of Legal Practice
This chapter deals with the business structures through which lawyers practise and with the issues which arise when a legal practice becomes insolvent … [read more]