Legal Services Ombudsman

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In England and Wales, the Legal Services Ombudsman was a statutory officer that investigated allegations about the improper, ineffective or inefficient way that complaints about lawyers are handled by their respective self-regulating professional bodies. The Ombudsman is appointed by, and is answerable to, the Lord Chancellor and Secretary of State for Justice. [1] It has been abolished under the Legal Services Act 2007

England and Wales Administrative jurisdiction within the United Kingdom

England and Wales is a legal jurisdiction covering England and Wales, two of the four nations of the United Kingdom. "England and Wales" forms the constitutional successor to the former Kingdom of England and follows a single legal system, known as English law.

Statute Formal written document that creates law

A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

Lawyer legal professional who helps clients and represents them in a court of law

A lawyer or attorney is a person who practices law, as an advocate, attorney, attorney at law, barrister, barrister-at-law, bar-at-law, civil law notary, counsel, counselor, counsellor, counselor at law, solicitor, chartered legal executive, or public servant preparing, interpreting and applying law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services.

Contents

The first Ombudsman was appointed to start work on 2 January 1991. During the first decade of operation, the office undertook 10,531 investigations:

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

Barrister lawyer specialized in court representation in Wales, England and some other jurisdictions

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as legal scholars.

A Licensed Conveyancer is a specialist legal professional in the United Kingdom, New Zealand, Australia or South Africa who has been trained to deal with all aspects of property law.

Around 60% of the firms of solicitors in England and Wales and around 8% of practising barristers were subject of a complaint to the Ombudsman in that time. [2]


Powers

The Ombudsman could: [3]

There was also a power to re-investigate the original complaint but this is only used in exceptional circumstances.

Reform

With the passing of The Legal Services Act 2007 the Office of the Legal Services Ombudsman was abolished. It has been replaced by the Office for Legal Complaints. [4] This body goes by the public name Legal Ombudsman.

Legal Services Act 2007

The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complaints. It also makes provisions about the Legal Profession and Legal Aid (Scotland) Act 2007.

The Office for Legal Complaints (OLC) is the board of the Legal Ombudsman, the free service that investigates complaints about lawyers in England and Wales.

The Legal Ombudsman is an ombudsman service that opened in October 2010. It is a free service that investigates complaints about lawyers in England and Wales. The Legal Ombudsman was set up as a result of the Legal Services Act 2007 and took over from the Legal Complaints Service and other legal complaint-handling bodies. The current Chief Executive is Rob Powell, who replaced Nick Hawkins in October 2017. The current Chief Ombudsman is Rebecca Marsh, who replaced Kathryn Stone OBE in January 2018. The Legal Ombudsman is a member of the Ombudsman Association.

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References

  1. Courts and Legal Services Act 1990, ss.21-26/ Sch.3
  2. "Annual Report 2000-2001: Reflecting Progress" (PDF). Legal Services Ombudsman. 2001. Archived from the original (PDF) on 2007-07-04. Retrieved 2008-03-08.
  3. Courts and Legal Services Act 1990, s.23
  4. Legal Services Act 2007, ss.114-159/ Sch.15