Writing in NLJ this week, Stephen Nelson of Kingsley Napley says the ruling has intensified pressure for reform of the Legal Services Act 2007, describing current reserved legal activities as rooted in ‘historical anachronisms’.
Nelson argues the legislation has failed to keep pace with contemporary litigation teams, where paralegals, costs lawyers and litigation executives routinely undertake substantive work once carried out exclusively by solicitors. He notes that despite repeated judicial scrutiny, courts still cannot produce a definitive list of tasks falling within the conduct of litigation, with Sir Colin Birss acknowledging a ‘plea for clarity’ in Mazur.
Nelson suggests the Legal Services Board could revisit and redefine reserved activities to reflect modern practice and emerging risks, including the growing role of generative AI in legal services.
