The statutory duties of the Legal Services Consultative Panel ("the Panel") are set out at s.18A (3) of the Courts and Legal Services Act 1990 as amended by s.35 of the Access to Justice Act 1999:
"The Consultative Panel shall have-
(a) the duty of assisting in the maintenance and development of standards in the education, training and conduct of persons offering legal services by considering relevant issues in accordance with a programme of work approved by the Lord Chancellor and, where the Consultative Panel considers it appropriate to do so, making recommendations to him;
(b) the duty of providing to the Lord Chancellor, at his request, advice about particular matters relating to any aspect of the provision of legal services (including the education, training and conduct of persons offering legal services); and
(c) the functions conferred or imposed on it by other provisions of this Act or any other enactment."
Although, for the year 2001/2, specific research projects proposed by the panel in the field of legal education and training have not been approved as part of its proposed work programme, the Panel will, for the purpose of fulfilling its statutory duty under (a), and for the better performance of its duty under (b), inform itself so far as it is able of developments in the field of legal education and of issues and concerns arising in all areas of legal service provision which appear to warrant recommendations and/or advice as to the nature, content and potential sources of education and training for providers.
The Panel has already responded to the LCD consultation paper on the Criminal Defence Service: "Establishing a Salaried Defence Service and Draft Code of Conduct". While the Panel accepts that the majority of work in this area may be complete, it will maintain a watching brief in respect of the operation and standards of the public defender system.
The Panel working group on developments in Community Legal Services is considering a project to evaluate the introduction of legal aid contracting and CLS monitoring.
The working group has held an introductory meeting with members of the Legal Services Commission. The group will consider consultation papers coming from the Commission and will maintain contact through six-monthly meetings.
The Panel proposes that the working group should hold six monthly meetings with the CLS to inform itself of the latest developments. It will maintain a watching brief on general developments in the CLS and consider whether to propose research projects to the Lord Chancellor's Department in respect of the work of the CLS which would assist the Panel in its duties.
The Panel will give advice to the Lord Chancellor on the operation of Conditional Fee Agreements as soon as practicable after it has considered the Fenn, Gray and Rickman Study and Report on the Impact of Conditional Fees on Litigation.
It will consult the Civil Justice Council in that respect and review the practice on a regular basis to ensure that conditional fee agreements are working well and in the interests of justice. The Panel has already established a working group, which holds a watching brief in this respect.
The Panel will be available, so far as time permits, to be consulted by and hold discussions with officials of the Lord Chancellor's Department on an ad hoc informal basis in respect of any matter(s) concerning the maintenance and development of standards in the education, training and conduct of persons offering legal services, whenever such officials consider that such informal consultation and discussion would be of assistance.
The Panel will propose the addition of further items to its working programme dependent upon developments in the legal services sector generally. Any such items will be submitted to the Lord Chancellor for approval and inclusion within the working programme.