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The future of the legal profession in the United Kingdom
Over recent years the legal profession and the institutions within which it operates has
witnessed a significant degree of development and change, the likes of which have not been
seen since the Supreme Court of Judicature Act 1873 first established the High Court and
Court of Appeal. Despite such change, however, the practice of law remains somewhat
trapped in what Richard Susskind refers to as a cottage industry
1
. This essay shall explore
some of the changes that the legal profession will likely need to undergo to be able to deliver
the quality of service that clients demand whilst remaining competitive and, ultimately, viable
in the face of technological advancements and ever increasing global competition. As such,
this essay shall touch on the role of the lawyer in Alternative Dispute Resolution (ADR),
the implications arising from technology and the internet, and finally the structure of law
firms and the way services are delivered.
In 2009 Jackson LJ published his final report concerning the ever increasing costs of
litigation in the United Kingdom. One significant recommendation regarded the need for
ADR to be used more extensively where appropriate to avoid the slower and more costly
litigation process, and ease the pressure on the court system.
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This view has become
entrenched in the Civil Procedure Rules where, by virtue of the Practice Direction on Pre-
Action Conduct, parties to civil disputes are required to consider whether ADR might be
appropriate prior to starting a claim, and may be subsequently sanctioned by way of cost
orders for unreasonably failing to do so.
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The increasing importance of ADR is being
recognised internationally as well as in the UK; earlier in 2013 the Chief Justice of
Singapore, Sundaresh Menon, delivered a keynote address on the growth and development of
international arbitration, commenting how in the early days of arbitration, practitioners saw

1
Richard Susskind, Tomorrows Lawyers, (OUP 2013) p. xv
2
Lord Justice Jackson, Review of Civil Litigation Costs: Final Report, (The Stationary Office, 2009) p. 361
3
Sweet & Maxwell, The White Book, (Thompson Reuters, 2013), p. 2601
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themselves as belonging to a small, select group the most obvious and significant change
affecting the arbitration industry is the dramatic growth in the number of new entrants.
4
As
ADR becomes more established nationally and abroad, a consequential affect (in the UK at
least) should be a reduction in litigation, or as one might interpret it, a reduction in the
bread-and-butter work of barristers. As such, it is vital that lawyers in the UK, and barristers
in particular, begin to diversify the manner in which they practice, such as by becoming
experienced mediators or arbitrators as well as litigators. This point is made even more
relevant with the introduction of solicitor advocates, discussed below.
Susskind agrees to some extent that expanding into ADR ifs one way to go for the lawyers of
tomorrow, however he goes one step further to suggest that this could be done electronically
Online Dispute Resolution or (ODR).
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ODR is not a particularly new idea the UK has
had an online money-claim system since 2002 however Susskind commends how to date
law firms have not been quick to take up ODR.
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One possible explanation for this may be
that whilst ODR might be efficient and thus less costly, consumers still desire a more
personal relationship with those entrusted in being their legal representatives. Writing a
decade ago in 2003, Robert Howe discusses how the internet is in many ways ideally
suited to the delivery of legal services by lawyers.
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He discusses how in many ways lawyers
do not require a physical location, are not constrained by traditional business distribution
channels unlike other businesses, and how distance would not be a barrier to providing legal
advice over the internet either.
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It is perfectly conceivable that a group of lawyers could
operate from home online: communication; research; conferencing; several types of ADR;

4
Sundaresh Menon, Some cautionary notes for an age of opportunity, (2013) 79 Arbitration 79(4), pp. 393-
394
5
Richard Susskind, op. cit., p. 101
6
Ibid., p. 102
7
Robert Howe, The Impact of the Internet on the Practice of Law: Death Spiral of Never-Ending Work?,
(2003) 8 Virginia Journal of Law and Technology 8(5), p. 36
8
Ibid., p. 37
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and sending, receiving and writing documents can all be facilitated through the use of the
internet. Furthermore, clients could pay a membership fee (not unlike a retainer) to access a
firms online database where they might find standardised useful advice on every-day
matters, a bank of boilerplate documents and forms, and even a forum for posting questions
to be answered by the firms lawyers. The advantages would be lower business overheads,
the ability to provide services regardless of physical location, and greater efficiency, which
all points towards lower costs. Whereas Susskind comments how law firms have been
reluctant to engage in such practice thus far, it seems inevitable that such practices as
described will emerge in coming years. The speed of internet services across the UK is such
that there is no longer any significant barrier to transferring large amounts of data or
conducting real-time video conferences online. Indeed, as far as litigation is concerned Lord
Neuberger indicates that we should try to ensure that in due course we only use E-bundles
and that legal authorities are only supplied electronically.
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Furthermore, with recent legal
aid cuts in the UK, the intense focus on cost under the Jackson reforms, and, for barristers at
least, the threat of work drying up and being completed by other types of legal professionals,
it seems lawyers will increasingly be unable to ignore the benefits of working online as
pressure only increases to reduce costs. It is perhaps not long before we witness the first
online-only law firms.
In October 2005 the government published a white paper entitled The Future of Legal
Services: Putting Consumers First
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which affirmed many of the suggestions from a report by
Sir David Clementi, delivered a year prior. In the forward, Lord Falconer discussed the need
for legal services that are efficient, effective, and economic,
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and the paper was followed
by a series of significant reforms in the way that legal businesses operate and are regulated. It

9
Lord Neuberger, Tomorrows Lawyers Today Todays Lawyers Tomorrow (2013) *online+ Available at:
http://www.supremecourt.gov.uk/docs/speech-130219.pdf [2 Nov 2013] para. 43
10
Department of Constitutional Affairs, The Future of Legal Services: Putting Consumers First, (Cm 6679, 2005).
11
Ibid., p. 7
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is submitted that subsequent reforms all point towards a merging of the legal professions in
the UK, ridding the legal profession once and for all of the distinction between barristers and
solicitors. In 2010 the Bar Standards Board relaxed rules to allow barristers to enter into law
firm partnerships to create legal disciplinary partnerships
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(LDP); thus solicitors and
barristers would work alongside one another in the same firm. Furthermore, barristers can
now be instructed directly by their lay clients without the need to first instruct a solicitor.
These first two steps point towards a diversification in the work that barristers may now
undertake, which is entirely necessary given the reforms which have been made to their
counterpart solicitors role. Under the SRA Higher Rights of Audience Regulations 2011
solicitors may now undertake further qualifications in order to attain higher rights of
audience, i.e. the ability to be heard and conduct litigation in the High Court, Court of Appeal
and even the Supreme Court. Already, the effects of this have been felt at the criminal bar
which, combined with legal aid cuts, steadily seems to be diminishing. Taken together, the
reforms to both barristers and solicitors seem to indicate towards a merging of the roles
barristers and solicitors are currently able to do more of what used to be the exclusive reserve
of their counterpart. This follows neatly from the recommendations under the aforementioned
2005 white paper, in as much as lay clients now only need instruct one lawyer, as opposed to
two, if they go to court, resulting in an obvious reduction in cost. If developments within the
legal profession continue along this vein, the near future may see the complete merging of
solicitors and barristers, bringing legal practice in the UK more in line with that which is seen
in Europe and the USA. Whether this is a positive step or not is largely a matter of
preference; lawyers could still specialise in litigation (similar to barristers) or other areas of
legal practice, however a merging of the professions would be a clear break in centuries of
tradition.

12
Alex Aldridge, The future of the Bar: Tipping points. (2010) [online] Available at:
http://www.legalweek.com/legal-week/analysis/1900337/future-bar-tipping [Accessed: 2 Nov 2013]
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More recently, in 2012 the BBC reported three firms being granted licences to operate as
Alternative Business Structures (ABS).
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Under Part V of the Legal Services Act 2007, law
firms may be owned and financed externally, or even floated on a stock exchange;
furthermore, non-law firms can now offer legal services.
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It has been argued that ABSs
would open up legal services to a wider audience through channels other than law firms, e.g.
retailers and therefore would create greater competition and a better service for
customers.
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There is merit in this argument; take the example of an estate agents firm.
Such a firm can now offer not only estate agency services, but the legal services necessary for
conveyance and drawing up the contracts. An obvious benefit is the streamlining of services;
customers will be able to deal with one company only from finding a house to completion
and exchange. Furthermore, lawyers involved in such a business should become particularly
specialised. Whereas a typical housing lawyer may deal in a range of housing law issues,
including possession, rental arrears, planning applications etc., lawyers such as in the above
example would be exposed to a narrower range of areas related only to the specific services
their company provides, resulting in a greater degree of specialisation and consequently
higher quality of service.
Where does this leave the future of the legal profession? Firstly, it is likely that the roles of
barrister and solicitor will eventually merge. Despite long-standing tradition, it is increasingly
important for the UKs legal system to be competitive within a global market, and instructing
multiple lawyers for litigation is invariably going to be more expensive than in other
jurisdictions where one lawyer will suffice. As has been demonstrated, steps have already
been taken towards reducing the distinction between barristers and solicitors in terms of the

13
BBC News, Tesco Law allows legal services in supermarkets (2012) [online] Available at:
http://www.bbc.co.uk/news/uk-17538006 [Accessed: 2 Nov 2013]
14
Legal Services Act 2007 (C. 29 HMSO)
15
Amanda McKenzie, Legal Services Act: what it means for legal and information professionals (2010) 10
Legal Information Management 10(4) p. 284
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work they can each do and the way in which they can be instructed. Before any complete
merger of the roles occurs, however, barristers in particular face a reduction in work due to
both the fact that solicitor advocates can now compete with them in terms of litigation
services, and the growing popularity of ADR. Barristers facing a reduction in their workload
are likely to be seen to increase their ADR practice, engaging in more arbitration and
mediation. Secondly, under ABS there is a reasonable chance that many areas of independent
legal practice will shrink, or disappear entirely. Instead, the practice of certain areas of law
will become in-house with the companies which require that practice, such as in the example
of aspects of housing law becoming ingrained within the range of services that an estate agent
might offer. Thirdly, in order to remain competitive with cheaper in-house alternatives, it is
likely that there will be an increasing shift towards e-Law, whereby firms conduct most or
even all of their business remotely via the internet. As for those lawyers that remain, there is
no reason why some law firms wouldnt remain independent and operating much as they are
today. However, such firms will need to diversify their services, perhaps by engaging in more
ADR practice. Furthermore, they will need to distinguish themselves from competitors in
terms of price which is unlikely given the cheaper alternative e-Law firms or in terms of
specialism and talent.






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Bibliography
Alex Aldridge, A., The future of the Bar: Tipping points. (2010) [online] Available at:
http://www.legalweek.com/legal-week/analysis/1900337/future-bar-tipping [Accessed: 2 Nov
2013]
Howe, R., The Impact of the Internet on the Practice of Law: Death Spiral of Never-Ending
Work? (2003) 8 Virginia Journal of Law and Technology 5, pp. 1-44
McKenzie, A., Legal Services Act: what it means for legal and information professionals
(2010) 10 Legal Information Management 4 pp. 283-286
Menon, S., Some cautionary notes for an age of opportunity, (2013) 79 Arbitration 4, pp.
393-406
Neuberger LJ, Tomorrows Lawyers Today Todays Lawyers Tomorrow (2013) [online]
Available at: http://www.supremecourt.gov.uk/docs/speech-130219.pdf [2 Nov 2013]
Susskind, R., Tomorrows Lawyers, (OUP 2013)
Sweet & Maxwell, The White Book, (Thompson Reuters, 2013)

BBC News, Tesco Law allows legal services in supermarkets (2012) [online] Available at:
http://www.bbc.co.uk/news/uk-17538006 [Accessed: 2 Nov 2013]
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Department of Constitutional Affairs, The Future of Legal Services: Putting Consumers
First, (Cm 6679, 2005).
Howe, R., The Impact of the Internet on the Practice of Law: Death Spiral of Never-Ending
Work? (2003) Virginia Journal of Law and Technology 8(5), pp. 1-44
Jackson LJ, Review of Civil Litigation Costs: Final Report, (The Stationary Office, 2009)
Legal Services Act 2007 (C. 29, HMSO)
McKenzie, A., Legal Services Act: what it means for legal and information professionals
(2010) Legal Information Management 10(4) pp. 283-286
Menon, S., Some cautionary notes for an age of opportunity, (2013) Arbitration 79(4), pp.
393-406
Neuberger LJ, Tomorrows Lawyers Today Todays Lawyers Tomorrow (2013) [online]
Available at: http://www.supremecourt.gov.uk/docs/speech-130219.pdf [2 Nov 2013]
Susskind, R., Tomorrows Lawyers, (OUP 2013)
Sweet & Maxwell, The White Book, (Thompson Reuters, 2013)