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15 October 2009 / Simon Young
Issue: 7389 / Categories: Features , Profession , Technology
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Taking the alternative route

Simon Young puts ABSs under the spotlight

This article focuses on the opening up of the legal market with the creation by the Legal Services Act 2007 (the Act) of alternative business structures (ABSs), which in turn will include the possibility of multi disciplinary practices (MDPs). In the language of the Act, and Pt 5 in particular, an ABS is properly called a “licensable body”.

Such a body is one which is to carry on reserved legal activities (and possibly other activities) in which any person who is not “authorised”, ie not a lawyer, either is a manager, or holds an interest.

Holding an interest includes having a share in the body (including rights to share in capital or profits); and a “manager” is a partner in a traditional partnership, a member of a limited liability partnership (LLP), or a director of a limited company. In short therefore any business delivering reserved legal services, unless all interests are held by lawyers, and all managers are lawyers, will be licensable. That will therefore include those legal disciplinary practices (LDPs) which have already been

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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