This is an HTML version of an attachment to the Freedom of Information request 'Sub-groups of Solicitors'.

R.6.2003.10…..4

LAW SOCIETY RECOGNITION OF NEW GROUPS

SUMMARY

The paper outlines applications from two groups within the solicitors' profession, namely the Black Solicitors' Network and the Solicitors' Pro Bono Group, for recognised group status. Annex 1 shows the criteria for recognising new groups as stipulated in the Recognised Groups' Agreement. The deliberations of the Representation Board's sub-group appointed to consider these applications in detail are presented at Annex 2. The abstract of the relevant parts of the groups proposal and other correspondence with the groups are presented at Annex 3 (BSN) and Annex 4 (SPBG). The paper highlights a number of emerging issues and suggests approaches which the Board may wish to consider

RECOMMENDATION

The Representation Board is invited to:

  1. Note this report and the conclusions of the sub-group.

  1. Consider the alternative approaches suggested for each group and agree the approach it wishes to adopt with respect to each group.

Equal opportunities: The process for setting up new groups should be open, fair and transparent.

Financial Implication: Recognition of a group enables the group to apply for Law Society funding and support.

Freedom of Information: It is considered that none of the exceptions in the Freedom of Information Code applies to this paper.

Author of report: Parveen Sharma Date of Report: 2 June 2003

LAW SOCIETY RECOGNITION OF NEW GROUPS

  1. The paper outlines applications from two groups within the solicitors' profession, namely the Black Solicitors' Network and the Solicitors' Pro Bono Group, for recognised group status.

Background

  1. The Law Society currently recognises seven groups characterised either in relation to specific demographic factors such as age, gender or in relation to specific institutional factors such as employed solicitors working in commerce and industry or local government. These groups are constitutionally organised members' networks, which seek to represent the interests of different sectors of the profession. They also seek to serve sector-specific needs of their respective members including for example campaigning on issues of common interest, targeted communications, responding to relevant consultation papers and providing mutual help and support.

  1. In its efforts to formalise the Society's relationship with recognised groups the Representation Board has drawn up a Recognised Groups' Agreement. This Agreement has been approved by the Law Society Council and stipulates “Recognition Criteria” (appended at Annex 1) which must be satisfied by any network of the profession wishing to gain the status of a Law Society recognised group. Recognised status permits the group to apply for Law Society funding and support which in turn enables the group to fulfil its representational role on behalf of the sector it seeks to represent.

  1. At its meeting in April, the Representation Board appointed a sub-group comprising Angus Andrew, Helen Davies and David Willis to consider the proposals for recognition of new groups against the criteria set out in the Agreement. A report outlining the sub-group's deliberations and its recommendations is at Annex 2.

Emerging issues and suggested approaches

  1. In considering the sub-group's recommendations, the Board is invited to consider the following emerging issues and suggested approaches for in relation to both applications.

The Black Solicitors' Network

  1. There is currently no Law Society recognised group, which represents the interests of its ethnic minority members. In view of this, the Law Society has actively encouraged the main identifiable ethnic minority groups to join forces and form a unified group that would represent the interests of ethnic minority members. From the Society's point of view there is an obvious advantage in having a single representative group for ethnic minority members. It makes it easier to allocate resources financial and otherwise. It also streamlines the process of consultation on a wide range of issues that the Society would wish to have a dialogue with its ethnic minority members.

  1. Disappointingly the Society's efforts to establish an umbrella group embracing all the existing ethnic minority groups have not been successful. However they have prompted an application from the Black Solicitors' Network. The main elements of that application are set out at Annex 3. The BSN claims the support of other ethnic minority groups for its application. So far, those other groups have not indicated a wish to seek recognition.

  1. Currently the BSN has 150 members and represents solicitors, registered European lawyers and other categories regulated by the Law Society. The membership is open to those who are either of African or Caribbean descent or to those who wish to promote the aims and objectives of the Group irrespective of their race, religion colour or creed. The BSN makes clear that its focus is on representing African and Caribbean members who, it regards, suffer the greatest disadvantage. In a letter (copy attached) to Parveen Sharma subsequent to the sub-group meeting, Stephen Friday of the BSN confirms this, despite recognising the sub-group's concerns about limited representation.

  1. The sub-group of the Representation Board has suggested a target of 500 members in the first two years of recognition. Although the exact number of ethnic minority membership of the Society is not know it is estimated that the target set for the BSN would represent some 10% of the relevant sector.

  1. One issue to be considered is whether the BSN's title and aims would attract the membership of some ethnic minority solicitors who do not consider themselves either black or particularly disadvantaged. Some of the members of known ethnic minority groups such as the Association of Muslim Lawyers or Society of Asian Lawyers may come into this category. However, the fact that they may not identify with the BSN does not mean that they do not have specific representational needs. The Representation Board should therefore be mindful of the prospect that other existing ethnic minority groups might in the future seek, and be granted (because they might meet all the criteria) recognised status. This would pose real challenges to the Society in terms of allocating finite financial and other resources.

Options

  1. The Representation Board could

With respect to the BSN application

  1. Approve the BSN's application, on the basis that it would achieve a membership of 500 in the first two years.

B. Reject the BSN proposal in its current form on the basis that it might not attract a wide enough range of ethnic minority membership and could lead to several other applications from other groups, thereby posing significant problems of allocating scarce resources. The Board could instead approve a plan to establish a single representative group for all solicitors, trainees and students belonging to the complete range of ethnic minorities. The plan would begin with a major advertising campaign in the legal press and direct mail shots to established networks inviting applications from ethnic minority individuals interested in establishing a group with the widest possible reach. Such a plan, if approved, would leave it open to the BSN to reapply under different terms.

Solicitors Pro Bono Group

  1. SPBG is an independent charity and a company limited by guarantee. Its seven trustees, who for company law purposes are also the Directors, effectively control its operations. To date the main sources of finance for the group have been a combination of funding from the Law Society Charity and subscriptions from its members. The Law Society Charity is not able to support the group on an ongoing basis. The group is able to attract funding for specific projects but it is unable to attract core funding which is necessary to support its operations. Since it conception the SPBG has worked closely with the Law Society and has now proposed that it should become a group recognised by the Law Society. The main elements of the proposal are at Annex 4 to this paper.

  1. The sub-group considers that the group is deserving of support but has identified certain constraints, which might mean that an alternative route to recognised group status would be preferable.

Option

  1. The Representation Board could

With respect to the SPBG application

A. Consider, given the constraints that relate to according recognised status to the SPBG, whether a customer/supplier type contract would be appropriate to channel support to this group. This could be developed on a similar basis to the arrangements with LawCare for the co-ordination of activities on the provision of pastoral care. The SPBG would be funded by the Law Society to deliver specific outputs. As part of the contract negotiations the Board might wish to explore the scope for making changes to the management and/or constitution of the SPBG. These changes may be required to ensure that the Law Society outputs were delivered in the wider interests of the profession.

Recommendations

The Representation Board is invited to:

  1. Note this report and the conclusions of the sub-group.

  1. Consider the alternative approaches suggested for each group and agree the approach it wishes to adopt with respect to each group.

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