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Solicitors should explain their reasons for recommending a particular advocate and sign a declaration that they have explained the choices available to their lay client, the Bar Council has said.
Responding to the Ministry of Justice’s consultation Preserving and Enhancing the Quality of Criminal Advocacy, the Bar backed plans for a referral fee ban and urged the Government to outlaw all inducements. The only consideration, it said, should be the quality of the advocate.
It also called for a Solicitor Regulation Authority-style reporting service through which advocates and others could confidentially report referral fee breaches.
Former Bar Chairman, Alistair MacDonald QC, said: ‘It is a matter of principle that public funds provided to pay for advocacy services should not be used to pay for kickbacks.’
The Bar Council supported the Government’s proposal for a criminal defence advocacy panel, loosely based on the Crown Prosecution Service model, so long as safeguards are put in place to ensure it operates effectively and is independent of government.
It also backed calls for solicitors to sign a declaration confirming that clients have been fully informed about the choice of advocate available to them, and suggested that solicitors provide a ‘brief explanation’ of why the type of advocate has been recommended and obtain signed confirmation that their clients have been advised of their right to choose, in plain and clear language.
MacDonald said: ‘Any declaration must require a litigator’s signature. There are serious contractual and professional consequences if a litigator is found to have lied on a signed declaration. This can’t be a tick box exercise.’
However, the Bar Council did not support the proposal to prevent solicitors from instructing advocates employed in their own firms, so long as they were the best person available to conduct the advocacy in a particular case – a proposal that the Law Society also slammed.
Solicitors should explain their reasons for recommending a particular advocate and sign a declaration that they have explained the choices available to their lay client, the Bar Council has said.
Responding to the Ministry of Justice’s consultation Preserving and Enhancing the Quality of Criminal Advocacy, the Bar backed plans for a referral fee ban and urged the Government to outlaw all inducements. The only consideration, it said, should be the quality of the advocate.
It also called for a Solicitor Regulation Authority-style reporting service through which advocates and others could confidentially report referral fee breaches.
Former Bar Chairman, Alistair MacDonald QC, said: ‘It is a matter of principle that public funds provided to pay for advocacy services should not be used to pay for kickbacks.’
The Bar Council supported the Government’s proposal for a criminal defence advocacy panel, loosely based on the Crown Prosecution Service model, so long as safeguards are put in place to ensure it operates effectively and is independent of government.
It also backed calls for solicitors to sign a declaration confirming that clients have been fully informed about the choice of advocate available to them, and suggested that solicitors provide a ‘brief explanation’ of why the type of advocate has been recommended and obtain signed confirmation that their clients have been advised of their right to choose, in plain and clear language.
MacDonald said: ‘Any declaration must require a litigator’s signature. There are serious contractual and professional consequences if a litigator is found to have lied on a signed declaration. This can’t be a tick box exercise.’
However, the Bar Council did not support the proposal to prevent solicitors from instructing advocates employed in their own firms, so long as they were the best person available to conduct the advocacy in a particular case – a proposal that the Law Society also slammed.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
