It does seem rather odd that organisations representing consumers and lawyers have fallen out over how best to ensure the independence of the legal profession from the state. Whether it involves a benefits claim or an abuse of human rights, consumers rely on lawyers to help them resolve disputes with government and its agencies. If consumers are to have confidence that their rights will be fought for without fear or favour, lawyers must be, and be seen to be, independent. Equally, though, lawyers should not be judge and jury over their own.
Perceptions are important. Consumers want assurance that those responsible for regulating legal services understand their needs and will promote their interests. Having a lay majority on the Legal Services Board and a lay chair will help to achieve this. Good regulation flows from the top. If consumers begin to have doubts about the apex of the regulatory framework, their confidence in the entire system might topple. Public perceptions, accurate or not, that regulation of lawyers remains a closed shop could trigger such a collapse.
