England: Positive steps taken in legal services sector since CMA review

England: Positive steps taken in legal services sector since CMA review

The Competition and Markets Authority (CMA) assessment of changes in the legal services sector since its market study has found some positive developments – but concludes that more progress is needed.

The review follows recommendations made in 2016 after the CMA conducted a market study of the sector in England and Wales and found it was not working well for consumers.

The CMA made recommendations to legal services regulators to improve transparency by legal firms on price, service and quality to help customers navigate the sector more easily and get value for money.

It also recommended that the UK government consider whether those using unauthorised providers need stronger protections and that the regulatory framework be reviewed for the longer term.

On transparency, the CMA found that there are clear signs of progress.

For example, many more legal firms are now providing information on price, service, redress and regulatory status to help consumers shop around. However, while the evidence suggests that some customers are taking advantage of the changes, there is still work to do as there only appears to have been a limited impact on the intensity of competition between providers and on sector outcomes.

The CMA now recommends that the Legal Services Board (LSB), working with other regulators in the sector, continues to build on the reforms so far and addresses some aspects of the market study recommendations that still require progression, such as providing more information on quality.

On regulatory reform, a number of the CMA’s recommendations, including its initial call for a regulatory review of the Legal Services Act 2007, have yet to be progressed.

The CMA considers that the case for reform remains pressing, particularly as there are signs of growth in the unregulated sector, and therefore remains of the view that wholesale reform of the Act is necessary. In the meantime, the CMA considers there is merit in taking shorter term steps which deliver such reform in stages – including, that:

  • the Ministry of Justice (MoJ) establish a mandatory public register of unregulated providers, requiring them to provide appropriate redress;
  • the LSB review the activities that are reserved to certain legal services providers to ensure that such restrictions are necessary and proportionate.

Andrea Coscelli, the CMA’s CEO, said: “This is an incredibly important sector that people often turn to at a time of great need, which is why the CMA made recommendations to improve consumer outcomes, including through increasing transparency, as well as to address concerns about the way in which the sector is regulated.

“It is positive to see changes that have already been made, but more progress is needed.

“We encourage the Ministry of Justice, the Legal Services Board and other legal services regulators to continue to work towards reform and to make sure the sector works well for consumers long into the future.”

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