I am not disputing the role that the OLC has to play. We want the OLC to be clear that if the situation requires that someone else must do the work, that should happen. The difference between us is about who then makes the decision on employing the other lawyer. We believe that the complainant should take the responsibility and have the right to say, ““I would rather have the money back and employ another lawyer whom I will find””, than have the OLC say, ““We, on your behalf, will engage another lawyer whom you do not know or have a say in and we will take responsibility for ensuring that the work is done””. That is different.
Yes, the OLC must have control of the process and ensure that it is done, but the question is: if another lawyer is to be engaged, where does that engagement come from? We think that it should be the complainant. The lawyer who is seeking to sort it out might recommend someone to the complainant.
Legal Services Bill [HL]
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Wednesday, 21 February 2007.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Services Bill [HL].
About this proceeding contribution
Reference
689 c1127 Session
2006-07Chamber / Committee
House of Lords chamberSubjects
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