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Striving for excellence

Around a third of local authority legal departments have been awarded Lexcel certification. In the first of a two-part series, Peter Warner examines the reasons for the quality standard’s enduring popularity.

Lexcel is the Law Society’s practice management quality standard written specifically for the profession. It allows practices to undergo independent assessment to certify that it meets the Lexcel requirements.

In addition to effective risk management, there are a number of additional advantages to be gained by practices seeking Lexcel certification:

Lexcel is written specifically for the profession:

  • The scheme highlights all aspects of practice management which organisations should be addressing;
  • It facilitates improved client care and risk management;
  • It provides a clear non-prescriptive framework with much scope for flexibility;
  • The award of Lexcel is subject to independent third party assessment;
  • Lexcel is applicable to all sizes and types of legal practices; and
  • It embraces both the systems based approach of ISO 9000 and the people-centred aspects of IiP.

Since the introduction of the certification process for the Law Society’s Lexcel scheme in 1998, the public sector and in particular local authorities have been widespread adopters of this quality assurance standard. Indeed, Brighton Council were the very first organisation to be successfully assessed and certified as complying with Lexcel requirements withina few weeks of the introduction of the assessment process.

About 800 practices have now been successful in gaining the award, including more than 140 local authority legal departments. Although this figure represents a small percentage of the profession overall, there is now great awareness of the scheme with several thousand firms requesting information from the Law Society.

Head start

Local authority legal departments have some significant advantages over private practices in tackling Lexcel. Firstly, their management and organisational structures and policies are well established. Often they can refer to overall corporate policies and procedures when seeking to meet Lexcel requirements. Any departmental manuals need only to refer to them – there is no need to ‘re-invent the wheel’.

Another advantage that local authorities usually have over private practice is that the need for effective management is well understood and appreciated. This will often manifest itself in better standards of client care and consistency of service provision than is seen in private practice.

Improvement

Lexcel has set itself as a benchmark for best practice in the provision of legal services. The Law Society has maintained its credibility as a measure of excellence through three-yearly revisions that have reflected changes in, for example, the use of IT, risk management and compliance with statutory and professional obligations such as the Code of Conduct. Indeed, the most recent edition of Lexcel – Version 4 – reflects the requirements of Practice Rule 5 (Business Management) very closely, so that virtually all the elements of Rule 5 compliance are satisfied by Lexcel.

Version 4 changes have also enabled continuous improvement that ensures that practices meet and maintain high standards. The revisions emphasise the importance of regular review of policies and procedures on (at least) an annual basis. In this way the Lexcel standard remains relevant and challenging.

External suppliers

It comes as no surprise that solicitors firms that work with, or seek work from, the public sector have featured strongly among firms seeking Lexcel certification. Attaining Lexcel is a common expectation on Best Value tenders and offers a common framework for the provision of legal services.

If an external service provider ‘speaks the same language’ in terms of client service standards and file management, then the ultimate client should receive a relatively seamless service. In addition, the in-house team can set the agenda on any negotiation with private practice so that clear efficiency, performance and service levels can be mandated. In these ways external legal spend can be carefully monitored and controlled.

Benefits

Although many local authorities cite internal benefits such as enhanced file/case management and client care as the main gains from Lexcel implementation, the wider benefits seen can include such aspects as:

  • Better management and working practices;
  • A greater commerciality in approach;
  • Improved staff morale; and
  • Enhanced perception of in-house lawyers and staff.

Undoubtedly, using Lexcel as a framework for best practice and continuous improvement has led to many local authorities raising their game and dispelling the myth of second class status in the legal profession.

Part two of this article – on Lexcel, the Code of Conduct and local authority lawyers – will appear in December.

Peter Warner MBA Solicitor has more than 17 years experience of consulting and training with the legal profession.  He has worked extensively with the Lexcel standard and was appointed by the Law Society as a trainer to provide updates on Version 4 of the standard.

Contact Peter on 07796 262595

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