Helping vulnerable people 'goes to the heart of being a good lawyer and regulator'

The Legal Services Consumer Panel (LSCP) has released a practical guide for regulators on consumer vulnerability.

Research by the LSCP shows that consumers feel vulnerable and recognise the imbalance of knowledge and power they suffer when dealing with lawyers, which can lead to consumers using legal services ineffectively.

The aim of the guide is to provide regulators with a practical framework to recognise and respond effectively to this consumer vulnerability.

The LSCP guide is based on the British Standard BS18477 on Inclusive Service Provision, which has been translated into a legal services setting. It follows the three key elements of the regulatory journey: policy making, carrying out the core regulatory functions and providing services to the public.

The LSCP hope that if regulators can better identify and respond to consumer vulnerability, the message would pass down the chain to law firms and to individuals lawyers and lead to them acting in a more 'inclusive and accessible manner' with their clients.

A draft version of the guide has already been tested by staff at the Bar Standards Board (BSB). Amanda Thompson, director of strategy and communications at the BSB, said: "We found working with the [LSCP] to be a very constructive experience and we also learned a lot in the process. The guide will form a useful addition to our regulatory toolkit, and the framework will be used as part of our policy development process in the future."

Chair of the LSCP, Elisabeth Davies, commented: "Helping people in vulnerable circumstances goes to the heart of being a good lawyer and it follows that a good regulator must also be able to identify and respond effectively to consumer vulnerability. If legal regulators can get this right, lawyers will serve vulnerable clients better too.

"All regulators want to deliver effective protection for vulnerable consumers, but we know this is easier said than done. We hope our guide will push this issue up the agenda, giving legal services regulators practical support to successfully address consumer vulnerability throughout their work."

Christine Heemskerk, chairman of the British Standards Institute Consumer and Public Interest Network, said: "British Standards are widely respected, but only have a lasting impact if they are also widely used. I welcome the Panel's new guide based on our standard to help legal services regulators identify, understand and respond effectively to consumer vulnerability. It sets out very clearly a series of practical steps, case studies and check lists which will help those regulators incorporate best practice into their everyday work."

The guide and supporting documents can be accessed here.