The Council of Bars and Law Societies of Europe (CCBE) is apprehensive about the fact that the ABS would severely hit the very basics codes of conduct of legal practice.
The CCBE feels that lawyer’s duties to maintain independence, to avoid conflicts of interest, and to respect client confidentiality will stand endangered if non-lawyers are allowed a significant degree of control over the affairs of the firm.
Of course, UK is not the only country that allows non-lawyers to be involved in the affairs of law-firms; there are a few other member states that allow similar activities. Speaking from an Indian perspective, and being an Indian lawyer, I feel that this aspect requires a huge deal of attention from the regulation makers. Though of course I have always advocated for the ABS structure but I have never intended it to be an unregulated free-for- all play ground for any one and everyone under the sun.
As the wise and the learned have always said; there cannot be a problem which does not have a solution; similarly, the issue raised by the CCBE also has a solution. As every aspect of human life needs a regulation and an implementation authority, I feel that making of strong and mandatory regulations to guide governance of the conduct of non-lawyers in all ABS is the only solution. Such regulation being framed must be strictly administered, implemented and complied with by all ABS. There should be regular checks and measures put into place by the regulatory authorities to satisfy themselves about the due compliance of such regulations by those functioning under ABS.
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