Deminor Wiki - The Law Society

History

The Law Society of England and Wales—officially known simply as The Law Society—was established in 1825 to represent the interests of solicitors practising in the courts of England and Wales. The organisation received its first Royal Charter in 1831 under the name 'The Society of Attorneys, Solicitors, Proctors and others not being Barristers, practising in the Courts of Law and Equity of the United Kingdom'. A subsequent Charter in 1845 established the Society as an independent, private body, and the name was simplified to 'The Law Society' by Royal Charter in 1903.

The organisation first admitted women members in 1922 and was given responsibility for administering legal aid under the Legal Aid and Advice Act 1949, a function later transferred to the Legal Aid Board in 1988. Today, The Law Society represents over 200,000 solicitors, with approximately 176,000 holding practising certificates as of late 2025. The organisation is headquartered at 113 Chancery Lane in London, with a Wales office in Cardiff.

It is important to distinguish The Law Society from the Solicitors Regulation Authority (SRA), which is the independent regulatory body for solicitors. Following the Legal Services Act 2007, regulatory functions were separated from representative functions. While the SRA operates independently and is responsible for setting professional standards and taking enforcement action, The Law Society focuses on representing members' interests, providing professional development, and influencing policy. The Legal Services Board oversees all approved regulators, including both the SRA and the Bar Standards Board.

Role and Functions

The Law Society fulfils several key functions within the legal profession. It represents solicitors in discussions with government, regulators, and other stakeholders on matters affecting the profession. The organisation provides support services to practising and trainee solicitors, including professional development programmes, practice guidance, and networking opportunities.

The Society publishes standard documentation used throughout the profession, including the Standard Conditions of Sale for residential property transactions and the Model Conditional Fee Agreement (CFA), which provides guidance on 'no win, no fee' arrangements in personal injury and clinical negligence claims. These documents have practical significance for litigation funding, as conditional fee agreements represent one form of alternative funding that exists alongside third-party litigation funding.

The organisation also operates the 'Find a Solicitor' service, a free public database containing information on SRA-regulated legal professionals and firms across England and Wales.

Litigation Funding Context

The Law Society has been an active participant in debates surrounding the regulation of third-party litigation funding in England and Wales. During Lord Justice Jackson's 2009 Review of Civil Litigation Costs, The Law Society submitted a response identifying two key concerns about litigation funding arrangements: the risk that funders might withdraw funding in circumstances contrary to the client's interest, and the absence of guarantees against funder insolvency. These concerns helped shape the development of the voluntary Code of Conduct for Litigation Funders, established in 2011 under the auspices of the Association of Litigation Funders.

In its response to the Civil Justice Council's 2024 review of litigation funding, The Law Society advocated for a measured approach to regulation. The organisation supported a strengthened self-regulatory regime as the most proportionate and effective means of addressing perceived issues with litigation funding, emphasising that consumer protection should be central to any recommendations. The Law Society urged caution against blanket rules for funded cases, arguing for a balanced approach that protects those who seek litigation funding whilst enabling funders to operate effectively in England and Wales.

The organisation's broader access to justice campaigns intersect with litigation funding policy. The Law Society has documented 'legal aid deserts' across England and Wales, where large populations lack access to legally aided advice in areas such as housing, immigration, and community care. In this context, third-party litigation funding represents an alternative mechanism through which individuals and businesses can pursue meritorious claims that might otherwise be unaffordable.

Conclusion

The Law Society stands as the principal representative body for solicitors in England and Wales, with a history spanning two centuries. Its influence extends across legal policy, professional standards, and access to justice. Within the litigation funding sector, The Law Society's contributions to regulatory debates, its publication of model agreements for conditional fee arrangements, and its advocacy for balanced funding regulation make it a significant stakeholder. As the regulatory framework for third-party funding continues to evolve following the Civil Justice Council's 2025 recommendations, The Law Society's position—favouring proportionate regulation with strong consumer protections—will continue to inform policy development.