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XIII. Conclusion

During the nineteenth century the governance of the legal professions became increas­ingly centralised. The Law Society built a broad-based membership and managed to centralise power around its London base.

In the case of the Bar, power shifted from the Inns to the Bar Council. Both institutions governed diverse professions using regula­tory power as a means of imposing coherent ideologies on diverse memberships. The Solicitors Regulation Authority and Bar Standards Board now wield the considerable regulatory powers formerly used by the professions. Professional bodies now have the difficult task of carving out a meaningful role as representatives of their members.

The Legal Services Act 2007 reduced the regulatory power of professional bodies, largely confining professional bodies to representative tasks. Both the Bar Council and the Law Society have extremely diverse memberships. Within each there are powerful sectional interests, rendering representation a difficult task. As Burrage predicted, increasing diversity in the professions, and extreme differences in the status and circumstances of members, may well exacerbate problems of governance.162

Now that they are confined to a representative role, professional bodies face a stark choice. They may seek a traditional role, as authoritative voice for the occupation, or act more like a trade union, trying to improve the circumstances of less favoured sections of the membership. It is difficult for one body to perform both roles. Choosing either at the expense of the other is likely to leave a large part of the membership disaffected.

162 ibid, at 73.

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Source: Boon Andrew. The Ethics and Conduct of Lawyers in England and Wales. Hart Publishing,1999. — 808 p.. 1999
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  5. Notes
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  10. References