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Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I will respond briefly because we have explored a number of matters already. I do not understand why Deputy Collins believes a new, alternative model by which legal services can be provided will result in the concentration of all services through that model. According to that theory, there could be a small number of solicitors firms with expertise only in particular areas. The existence of...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I intend to bring forward amendments on that matter. It is an issue that has arisen over the years. In other legal systems it is possible for a legal service to be provided through limited liability partnerships, but it requires ensuring that client protection is available, that commitments to maintain indemnity insurance are complied with and that, in the context of solicitors, for...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 157: 157.In page 65, between lines 9 and 10, to insert the following:“Professional code not to prevent multi-disciplinary practices 74. No professional code shall operate to prevent a legal practitioner from providing legal services as a partner in or employee of a multi-disciplinary practice.”.On amendment No. 157, section 74 creates a basis for...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: We have a new section 74. We do this deliberately to confuse the Chairman.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 158: In page 65, between lines 34 and 35, to insert the following: “Notification of Authority of commencement, cessation of provision of legal services by multi-disciplinary practice 75. (1) A multi-disciplinary practice that intends to provide legal services—(a) shall notify the Authority, in accordance with subsection (3), of that fact, and (b) shall not...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I am happy to answer that. It is the intention of the Bill that a barrister can do exactly what the Deputy is proposing, namely, that there will be no obligation to be a member of the Law Library as such, that they can ply their trade as a barrister, that they can operate an office, alone or with others, as a barrister, that they would adhere to the professional principles, and that they...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: The answer is "Yes".

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 160: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Partners in multi-disciplinary practice 76. (1) Each partner in a multi-disciplinary practice shall be jointly and severally liable in respect of his or her acts or omissions, those of the other partners and those of the employees of the partnership. (2) A partner in a...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I thank the Chairman and I am sorry for delaying everyone. I shall move on to the prohibition on inducement, which is section 79(3) in the amendments that we are discussing. Section 79(3) has a requirement prohibiting anyone from inducing or causing a lawyer in a multi-disciplinary practice from acting in a non-compliant manner. Section 79 (4) requires that accounting, receipts and fees...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: It might be better to leave that discussion until we reach the next-----

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I am pleased the Deputy finds me helpful.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I enjoy giving the Deputy a greater opportunity to beat me up. It is part of my personal masochistic tendencies.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I am looking at exactly the same document as the one from which Deputy Mac Lochlainn has just read. I received it a few days ago and went through it personally, as did my officials. I referenced it earlier as a constructive and helpful document in the continuing development of the Bill. Indeed, I addressed some of the issues the Deputy has just mentioned. I do not want to delay the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: That is covered in the Law Society’s amendment 2.29. It is an interesting issue on which I reflected following receipt of the recommendations. It seems on the surface an attractive issue but it might not be entirely so. I will refer to my area of legal practice to which I do not anticipate I will return, so I have no particular vested interest in the outcome of the issue in the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 161: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Managing legal practitioner 77.(1) A multi-disciplinary practice shall have at least one legal practitioner (referred to in this Part as the “managing legal practitioner”) who shall be a partner in or an employee of the multi-disciplinary practice, who shall be...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 162: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Obligations of legal practitioners in multi-disciplinary practice 78.Nothing in this Part—(a) shall be construed as preventing an act or omission on the part of a legal practitioner who is a partner in or an employee of a multi-disciplinary practice that is in contravention of...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 163: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Operation of multi-disciplinary practice 79. (1) A multi-disciplinary practice shall have written procedures in place, to which all partners and employees of the practice are subject, that—(a) ensure that legal services are provided by the practice in a manner that complies...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 164: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Letter of engagement 80. A legal practitioner who is a partner in or an employee of a multi-disciplinary practice shall not provide legal services to a client of the multi-disciplinary practice unless he or she provides the client with a notice in writing which shall—(a)...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 165: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Multi-disciplinary practice to have professional indemnity insurance 81.(1) A multi-disciplinary practice shall not provide services unless there is in force, at the time of the provision of such services, a policy of professional indemnity insurance which adequately covers the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 166: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Saver for Compensation Fund under section 21 of Solicitors (Amendment) Act 1960 82.Nothing in this Part shall be construed as extending the obligation of the Law Society under section 21(4) (as amended by section 29 of the Solicitors (Amendment) Act 1994) of the Solicitors (Amendment)...

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