Introduction
This chapter looks at the institutions and systems of governance of the legal professions. The traditional structure of professional bodies is complex. They typically employ a permanent executive, administrative and secretarial structure.
This structure services a plethora of committees that formulate policies for approval by a council. Typically, the committee structure draws extensively on the professional membership. Member involvement in policy and regulation is a manifestation of collegiality and public service. This ensures that members are closely involved in procedures for developing standards and promoting ethical practice.The Legal Services Act 2007 (LSA 2007) requires separation of the representative and regulatory arms of the professions. This has introduced a complex relationship affecting, among other things, governance of the profession. One feature of this relationship is that the representative side is not supposed to influence the policy and practice of the regulatory side, except as one of many stakeholders. The Legal Services Board is, however, supposed to influence regulation, in particular by making sure that the regulatory objectives are achieved. It is not, however, supposed to interfere with the representative side of the professional body.
1 From ‘Crouching Tiger, Hidden Dragon’ (Dir: Ang Lee) (United China Vision Inc, 2000).
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