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24 March 2012 / Dr Jon Robins
Issue: 7506 / Categories: Opinion , Legal services
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Service please

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Should customers be king in the post-LSA legal landscape, asks Jon Robins

Straight-talking legal ombudsman Adam Sampson reopened a can of worms earlier this month by challenging lawyers who insist their “clients” aren’t “customers”. The head of the Office for Legal Complaints is a repeat offender on this point. When he took on the post back in 2009, he talked of a new service “to resolve disputes between lawyers and their customers”.

He was “plainly wrong”, complained Marcel Berlins at the time. The term “customer” applied to someone who bought goods or non-professional services (from say, a plumber) but didn’t apply to seekers of professional services. “I fear it’s an attempt to use a more common term in order to play down the perceived elitism of the legal profession,” Berlins reflected.

Sampson insists his choice of words is “a deliberate symbol of the change which our arrival signaled”. He argues that the word “client” harked back to the traditional relationship between lawyers and those they represent (“one of unequal power and status”); whereas the “notion of customer turns this relationship on its head”.

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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