The Creation of the Legal Services Ombud – How to Make It Effective

Abstract

The office of the Legal Services Ombud is a new creation regulating the practice of law and the legal profession under the Legal Practice Act, 2014. The purpose of this note is to provide a discussion and analysis of the purpose and nature of the establishment of the Legal Services Ombud. The note delves into a comprehensive discussion of the meaning of “ombudsman” as a concept and the relationship this office has with the existing Legal Practice Council, whose main purpose is to regulate the conduct of legal practitioners, among other functions. The note seeks to draw a distinction between the Council’s role and the more comprehensive role of the Legal Services Ombud who must ensure that there is at all times, fairness and justice in how legal services are provided and that regulatory bodies (such as the Legal Practice Council) comply with these principles when their members render legal services to the public. The note also discusses whether the Legal Services Ombud is empowered to make binding rulings in the same manner as the Public Protector’s rulings, for instance, are seen and viewed as binding. Several conclusions are reached on this point in the note. It is argued in conclusion that positive steps must be taken to ensure that the work of the Legal Services Ombud is known, that the office is properly resourced to perform its functions in terms of the Legal Practice Act, and that sufficient clarity is provided on whether Ombud rulings are binding.