*/
The Chairman of the Bar Council attacked the ‘grubby and squalid’ backhanders paid by some barristers in exchange for work from solicitors and backed Government plans to outlaw referral fees.
In his keynote address to the 30th Annual Bar Conference, Alistair MacDonald QC said such payments were ‘nothing short of a scandalous misuse of public funds’ and were ‘objectionable’ in every way.
‘Why should taxpayers’ money go to providing a backhander to a person placed in a position of trust by the state, to find and brief the best advocate for the lay client?’
Those who indulge in these ‘nefarious activities’, MacDonald said, are ever ready to seek new ways to hide the truth of what they are really about ‘under the cloak of a name such as an administration fee’.
But, he said: ‘An elephant remains an elephant, whether you call it an elephant or a ballerina.’
There is, said MacDonald, no place in the regime of advocacy fees for a legitimate administration fee.
He continued: ‘Like the drug cheats in sport, who are always one step ahead of those performing the tests, there are no depths to the ingenious means by which these charlatans would seek to dress up their referral fees.’
MacDonald said: ‘The only effective measure would be a complete ban on any payment by the selected advocate to the instructing solicitor. And that is the measure we will be urging in our response to the consultation.
‘There can be no half measures; there must be a complete ban.’
On the Government’s proposals to introduce Crown Court advocacy panels to ensure quality, the Chairman reassured barristers that they had nothing to fear.
He said any scheme should not distinguish between which branch of the profession – solicitor or barrister – the advocate comes from.
‘If a barrister, with his or her unique opportunities to hone their advocacy skills by a year of dedicated advocacy training followed by a year of pupillage and the support structure of chambers, cannot cut the mustard, there can be no excuses.’
But he said: ‘No advocate who does defence work to a high standard should have the slightest thing to fear from a panel scheme.’
Doughty St’s Joe Middleton has won the 2015 Bar Pro Bono Award. He was nominated by the Death Penalty Project. The award was announced at the Bar Conference.
The Chairman of the Bar Council attacked the ‘grubby and squalid’ backhanders paid by some barristers in exchange for work from solicitors and backed Government plans to outlaw referral fees.
In his keynote address to the 30th Annual Bar Conference, Alistair MacDonald QC said such payments were ‘nothing short of a scandalous misuse of public funds’ and were ‘objectionable’ in every way.
‘Why should taxpayers’ money go to providing a backhander to a person placed in a position of trust by the state, to find and brief the best advocate for the lay client?’
Those who indulge in these ‘nefarious activities’, MacDonald said, are ever ready to seek new ways to hide the truth of what they are really about ‘under the cloak of a name such as an administration fee’.
But, he said: ‘An elephant remains an elephant, whether you call it an elephant or a ballerina.’
There is, said MacDonald, no place in the regime of advocacy fees for a legitimate administration fee.
He continued: ‘Like the drug cheats in sport, who are always one step ahead of those performing the tests, there are no depths to the ingenious means by which these charlatans would seek to dress up their referral fees.’
MacDonald said: ‘The only effective measure would be a complete ban on any payment by the selected advocate to the instructing solicitor. And that is the measure we will be urging in our response to the consultation.
‘There can be no half measures; there must be a complete ban.’
On the Government’s proposals to introduce Crown Court advocacy panels to ensure quality, the Chairman reassured barristers that they had nothing to fear.
He said any scheme should not distinguish between which branch of the profession – solicitor or barrister – the advocate comes from.
‘If a barrister, with his or her unique opportunities to hone their advocacy skills by a year of dedicated advocacy training followed by a year of pupillage and the support structure of chambers, cannot cut the mustard, there can be no excuses.’
But he said: ‘No advocate who does defence work to a high standard should have the slightest thing to fear from a panel scheme.’
Doughty St’s Joe Middleton has won the 2015 Bar Pro Bono Award. He was nominated by the Death Penalty Project. The award was announced at the Bar Conference.
The Bar Council is ready to support a turn to the efficiencies that will make a difference
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
An interview with Rob Wagg, CEO of New Park Court Chambers
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
Ever wondered what a pupillage is like at the CPS? This Q and A provides an insight into the training, experience and next steps
The appointments of 96 new King’s Counsel (also known as silk) are announced today
Ready for the new way to do tax returns? David Southern KC continues his series explaining the impact on barristers. In part 2, a worked example shows the specific practicalities of adapting to the new system
Resolution of the criminal justice crisis does not lie in reheating old ideas that have been roundly rejected before, say Ed Vickers KC, Faras Baloch and Katie Bacon
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
