Tesco Law?

Tesco Law Think of legal practice and you are invariably invited to imagine highly paid men in pin stripe suits, charging their clients in the region of £150 per hour. That may, or may not, seem realistic in the real world. However, one thing lawyers have in common is that they will charge by the hour. Anyone that has ever required legal representation, particularly in a civil case, will know that legal remedy tends to take well in excess of one hour. The Legal Services (Scotland) Act 2010 and equivalent legislation in England has effectively opened the door for private enterprise to enter this lucrative (hitherto closed) field. You will rarely see a lawyer's practice go out of business, which obviously lends itself to anyone with means looking to further expand their business. Therefore one is led to question the future of a field I am hoping to enter in the not too distant future. Times are changing and with the new legislation, the legal service I enter 4 years or so from now is likely to be unrecognisable, compared to the way things are at the moment. This is based primarily on conjecture, however I feel that the onus is for legal services in Scotland to be proactive in terms of appealing to its customer base. The law is set to be opened up into a more consumer led practice and it appears from the outside looking in that this is something which smaller legal practices are entirely unprepared for.  My first degree is in Economics so I invite you to think of your local high street. Once they would have been filled with butchers, grocers, newsagents, book shops etc. Now, however, and this is likely to be the same the length and breadth of the Country, you are likely to go into any town centre, meet the leviathan that is the supermarket, surrounded by a sparse and depleting shopping centre.  Quite simply put, the average consumer will go for ease of access, affordability, value for money and essentially a one stop shop. The most obvious example of success in this regard is Tesco.  Law firms require clients and they need to attract clients through word of mouth, reputation etc. Tescos, on the other hand, have a captive audience. They are recession proof and they attract millions of people through their doors on a daily basis.  If a supermarket were to have a lawyer, sitting neatly between it's pharmacy and it's optometrist, is your average Joe Blawgs likely to do his shopping and then seek legal remedy elsewhere, or just pop in with an empty trolley for an openly priced, value for money service gaining access to justice in a less intimidating fashion? I think we know the answer. This is the challenge facing the legal system now. There are obvious benefits, including access to justice. From a consumer's point of view, this is likely to drive down prices of services which have hitherto been out of the reach of most people. We are talking about the revolutionising of legal process in the UK and this aspect of it is to be welcomed. However, there are obvious cons. One aspect of legal practice in Scotland is that practitioners must be independent. Let's say the Joe Blawgs we spoke of earlier has slipped on some spilled orange juice in Tesco and broken his ankle. On being treated prior to going to hospital, he notices the legal services being offered in Tesco and at a later date seeks remedy. Can the Tesco lawyer in the store raise a civil action against his employer? Can the Tesco lawyer be trusted to get the best for his client and act as robustly as may be required? Ca the client be confident that the best deal has been negotiated in "...the shadow of the law" if a lawyer advises against court action? Moreover, what of the small law firms? They may not elicit much concern or sympathy, but by and large my experience of small firms is they are run by conscientious people, motivated not primarily by money but by a love of law, an appreciation of justice and a desire to do good. There are some bad apples, and it is these people that tend to attract most attention, however 99% of solicitors in this Country are decent people motivated, like myself, to enter the law to protect the liberty and rights of people and to develop law for the benefit of people. Is a more sanitised, less justice orientated and more profit driven approach really a price worth paying for cheaper, value services from a supermarket?  I have no qualms with the quality one is likely to experience from a Tesco lawyer. It is likely to be good. If Tesco do enter the legal system, they are unlikely to do it in a half hearted fashion. They will attract the best by paying handsomely. They will attract clients. However at what cost? I believe passionately in access to justice and I believe that everyone, regardless of their means, should have access to legal recourse. I also believe that, yes, the likes of Tesco do have a role to play. However I am firmly of the opinion that the law should remain firmly in the hands of legal experts. Therefore, it is for law firms large and small to consider the means to continue to attract clients. This requires openness, it requires a more welcoming approach, it requires greater understanding of what it is lawyers do and the work that goes into a case. It requires a pricing mechanism which our consumers will not find off-putting and, yes, it needs a recognition that we are moving, quickly, into a consumer led market and it's best to be prepared. I'm coming to the end of my train journey now so I'll leave it there. I intend to further discuss access to justice, however, in my next blawg. Need for legal aid, alternatives to legal aid, third sector legal involvement, a public defence system in criminal law and other things. The next stop is my stop so that is all.