Legal Reform Bill

Legal Reform Bill - continued	House of Commons

back to previous text


	PART II
	OTHER REFORMS
Minister of Justice.	11. - (1) The powers and function of the Lord Chancellor insofar only as they relate to the administration of justice, or the presentation of advice in connection with matters of constitutional importance and including the power to make commencement orders, shall be transferred to such person who shall be a member of the House of Commons freely elected by the Commons, and who shall sit in Cabinet and be known as the Minister of Justice.
	(2) The Minister of Justice shall not be required to be a lawyer, but if he is, then he shall not occupy a judicial office.
	(3) The Minister of Justice shall keep a register of practising lawyers and their professional addresses, and may in his discretion assume such duties regarding solicitors and barristers and their records as have previously been undertaken by the Master of the Rolls or the Senate Committee of the Inns of Court.
Judicial Appointments Committee.	12. - (1) In exercising his powers of appointment to judicial office the Minister of Justice shall consult with a committee which shall be known as the Judicial Appointments Committee ("the Committee").
	(2) The Committee shall consist of not fewer than seven and not more than twenty persons to be appointed by the Crown.
	(3) The meetings of the Committee shall be conducted in public unless the Committee elects otherwise.
	(4) In recommending persons for appointment for judicial office the Committee shall have regard to representations from professional associations, industrial associations, trade unions, law centres, other associations of persons involved in the provision of legal services and such other persons or organisations as it deems fit to consult.
	(5) The expenses of the Committee, including out of pocket expenses of Committee members, shall be paid by the Ministry of Justice.
Parliamentary Committee on the Administration of Justice.	13. - (1) The Crown shall appoint a committee of members of the House of Commons not being more than twenty nor fewer than twelve in number, whose function it shall be to review the administration of justice in England, Wales and Northern Ireland and make such recommendations and such reports as it thinks fit.
	(2) There shall be at least seven members of the Committee who either are or have been practising lawyers.
Barristers: abolition of restrictive practices.	14. - (1) Barristers may advertise their services, subject to such requirements as shall be laid down from time to time by the Office of Fair Trading.
	(2) No restriction shall prevent a practising barrister from being a member of the Law Society.
	(3) No barrister shall wear a formal wig when undertaking professional duties, saving that when, occupying any judicial office, he may at his own discretion elect to do so and he may at his own discretion wear such other distinctive apparel as barristers have worn in former times.
	(4) Any barrister may set up in partnership with any solicitor, barrister, accountant, patent agent or surveyor provided that each client of the partnership is given notice of the professional qualifications of each member of the partnership.
	(5) Any barrister may engage in any other trade or profession.
	(6) Any barrister occupying any premises for a professional purpose shall register a notice, in such form as may be required by the Minister of Justice, with the Ministry of Justice and it shall be a professional offence for any barrister to practise unless he has done so.
	(7) Where barristers occupy premises together and either it becomes their intention, or the intention of any one of them, to invite any other barrister or barristers to use the premises for professional purposes, then notice of the existence of a vacancy must, at least three months before any invited barrister adopts the address of such premises as his professional address, be advertised by notice in the Law Society Gazette or other professional journal in accordance with regulations made by the Minister of Justice.
	(8) Where a barrister engages a pupil barrister then that pupil barrister shall be entitled to payment at such rate as shall be set down by the Minister of Justice in regulations and any pupilage which does not provide for such payment shall be void.
	(9) Any barrister in the course of undertaking professional duties for any client shall be liable for any breach of that duty wheresoever and whensoever that breach may occur and any contract or retainer which limits or excludes liability for breaches of professional duty shall, in relation to such restrictions only, be of no effect.
Solicitors: removal of restrictive practices.	15. - (1) Any solicitor may address any court or tribunal.
	(2) Any solicitor may set up in partnership with any barrister, accountant, patent agent or surveyor provided that each client of the partnership is given notice of the professional qualification of each member of the partnership.
	(3) The Minister of Justice may keep records concerning the admission of solicitors, any professional or other offences, and disqualification and it shall be a professional offence for any solicitor to fail to give the Minister such information as he may by regulations require.
	(4) Where a solicitor engages a trainee solicitor that trainee solicitor shall be entitled to payment at such rate as shall be set down by the Minister of Justice in regulation, and any period of training in which payment is not made in accordance with the regulations shall not count for the purpose of obtaining professional qualifications.
	(5) Any solicitor in the course of undertaking professional duties for any client shall be liable for any breach of that duty wheresoever and whensoever that breach may occur and any contract or retainer which limits or excludes liability for breaches of professional duty shall, in relation to such restriction only, be of no effect.
Barristers' and solicitors' fees.	16. - (1) Any barrister or solicitor who deals directly with members of the public and provides legal services either for them or on their behalf shall cause a sign to be displayed at his place of business so that any member of the public might see it and the sign shall display hourly charges for all types of work commonly undertaken.
	(2) In cases where the total fee for the legal service to be provided is not to be calculated on an hourly or a daily basis the notice shall specify the legal service and the total fee to be paid.
	(3) No debt owing by a recipient of legal services may be enforced unless the total fee is calculated according to the displayed rates.
	(4) In this section "fee" includes disbursements and any other costs.
Rank and title of Queen's Counsel.	17. The rank and title of Queen's Counsel is abolished.
Legal Professions Ombudsman.	18. - (1) The Minister of Justice shall appoint a Legal Professions Ombudsman ("the Ombudsman") to investigate complaints against lawyers, registered conveyancers and members of the Institute of Legal Executives.
	(2) The Ombudsman may regulate the manner in which a complaint is presented to him for consideration by determining the amount of documentation which accompanies any complaint, the length of the complaint, and the legibility of the papers which are presented and details of any unsuccessful attempt to resolve the issue on an amicable basis. Such details may include representations made to the complainant by the relevant professional person.
	(3) Any regulations made under sub-section (2) above must be approved by the Minister of Justice and shall not prohibit the presentation of any complaint for consideration. No regulation shall be approved unless it is manifestly concerned to ensure that the complaint is briefly and concisely stated and in legible form.
	(4) The Ombudsman shall determine within fourteen days of receipt of a complaint whether it is a regulated complaint and shall within a further seven days advise the complainant of his determination.
	(5) The Ombudsman may invite a complainant to resubmit a complaint in regulated form.
	(6) Subject to sub-section (7) the Ombudsman shall form a preliminary adjudication within three months of determining that a complaint is regulated ("the relevant date").
	(7) The Ombudsman need not form a preliminary adjudication within three months if the complainant agrees to an extension of time or if the Ombudsman is satisfied that the issues are being considered by any court or tribunal or other body competent to deal with the complaint and likely to resolve the matter within six months of the relevant date.
	(8) The preliminary adjudication shall be communicated to the parties within seven days of its formation
	(9) Parties may make further representations within two months of the date referred to in sub-section (8).
	(10) If further representations are made by the parties then the Ombudsman shall consider them and form a final adjudication within six months of the relevant date.
	(11) The procedure for any unregulated complaint shall be the same as for any regulated complaint saving that a preliminary adjudication shall be formed within six months of the relevant date and a final adjudication within ten months of the relevant date.
	(12) Any adjudication may-
	(a) require the return of property;
	(b) impose a financial penalty of not more than such sum as the Minister of Justice may determine;
	(c) make an order for compensation without limit;
	(d) make an order for payment of costs actually and reasonably incurred;
	(e) refer a professional person to his relevant professional body with a view to disciplinary proceedings being commenced against him.
	(13) Any adjudication order may be lodged in a convenient County Court and enforced as a County Court order.
	(14) The Ombudsman is not required to receive oral representations before forming any adjudication.
Adjournments.	19. - (1) In any case where a lawyer has received the papers in the case, or if there should be no papers in the case, oral instructions to attend at court less than one week before the hearing at which the lawyer is intended to represent his client then the lawyer shall give notice of this fact to the clerk to the court, failing which he shall have committed a professional offence, and the clerk to the court shall before the case proceeds speak to the client saying the words: "The court has learned that your lawyer has only recently been instructed and the case may therefore not proceed unless you agree. You will not be liable for any costs incurred by the adjournment unless you are personally responsible for the fact that your lawyer has only recently been instructed. Do you want the case to proceed now?"
	(2) Subsection (1) above shall not apply except where the life, liberty, reputation, property or livelihood of the client are at stake, and
	(a) "life" shall include family life and the right to associate with any member of his immediate family whether there shall be a marriage or not, and
	(b) "property" shall include the right of abode in any accommodation whether owned by the client or not provided that it has been his usual place of abode, but shall not include sums of money or items of value unless the total value of such property falls within such category as the Minister of Justice by regulation defines.
Courts martial and disciplinary courts.	20. - (1) No court martial or military court may impose a period of imprisonment longer than six months.
	(2) Any appeal against conviction or sentence imposed by a court martial or military court must be heard before a judge sitting in the Crown Court, who shall sit with two lay magistrates.
	(3) No court martial or military court shall be properly constituted unless the defendant is represented either by an advocate instructed privately or by an advocate chosen by the defendant from a convenient office of the National Legal Service unless the offence may be dealt with by a fine, reprimand (whether severe or otherwise), stoppage of pay, or an authorised minor punishment.

Prepared 6 July 1998