*/
The Bar Standards Board has laid out plans for new statutory powers to step into “failing chambers, companies and partnerships” to enable it to protect clients where something has gone “seriously wrong”.
In a consultation paper launched last month, it argued that it should have statutory powers to intervene and take control of client files in instances of failure to comply with regulatory requirements, dishonesty and insolvency.
The powers, similar to those already held by the Solicitors’ Regulation Authority, will enable it to obtain alternative representation for clients and secure any papers and assets that belong to them.
The consultation also proposes powers to establish and require contributions to a compensation fund. While not needed at present as chambers do not hold client money, the BSB said the situation may change “as the market develops and risks change”.
The BSB’s Director of Regulatory Policy, Ewen Macleod, said “These are powers that would be used very rarely, but we think that, in the event something goes awry, all clients should benefit from the same safeguards.”
He added: “Other regulators already have similar controls so we want to ensure there are no holes in the safety net for consumers.”
The consultation followed the BSB’s application to the Legal Services Board to become a regulator of alternative business structures.
In its application, it said it would provide “lighter weight and less costly” regulation compared to other bodies.
The BSB said it is “keen to regulate a range of entities to ensure that the market in legal services is strong and vibrant, with a variety of models, which allow the profession to innovate”.
But it stated there is “little advantage” in establishing a regime which simply replicates that of the SRA or others.
Rather, it said it aimed to operate as a “specialist entity regulator” for those whose permitted range of services is broadly the same as those permitted to the self-employed Bar and whose risks and regulatory requirements are similar.”
The Bar Standards Board has laid out plans for new statutory powers to step into “failing chambers, companies and partnerships” to enable it to protect clients where something has gone “seriously wrong”.
In a consultation paper launched last month, it argued that it should have statutory powers to intervene and take control of client files in instances of failure to comply with regulatory requirements, dishonesty and insolvency.
The powers, similar to those already held by the Solicitors’ Regulation Authority, will enable it to obtain alternative representation for clients and secure any papers and assets that belong to them.
The consultation also proposes powers to establish and require contributions to a compensation fund. While not needed at present as chambers do not hold client money, the BSB said the situation may change “as the market develops and risks change”.
The BSB’s Director of Regulatory Policy, Ewen Macleod, said “These are powers that would be used very rarely, but we think that, in the event something goes awry, all clients should benefit from the same safeguards.”
He added: “Other regulators already have similar controls so we want to ensure there are no holes in the safety net for consumers.”
The consultation followed the BSB’s application to the Legal Services Board to become a regulator of alternative business structures.
In its application, it said it would provide “lighter weight and less costly” regulation compared to other bodies.
The BSB said it is “keen to regulate a range of entities to ensure that the market in legal services is strong and vibrant, with a variety of models, which allow the profession to innovate”.
But it stated there is “little advantage” in establishing a regime which simply replicates that of the SRA or others.
Rather, it said it aimed to operate as a “specialist entity regulator” for those whose permitted range of services is broadly the same as those permitted to the self-employed Bar and whose risks and regulatory requirements are similar.”
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